105TH CONGRESS " 1st Session

HOUSE OF REPRESENTATIVES

!

REPORT 105–220

TAXPAYER RELIEF ACT OF 1997

CONFERENCE REPORT
TO ACCOMPANY

H.R. 2014

JULY 30, 1997.—Ordered to be printed

TAXPAYER RELIEF ACT OF 1997

1

105TH CONGRESS " 1st Session

HOUSE OF REPRESENTATIVES

!

REPORT 105–220

TAXPAYER RELIEF ACT OF 1997

CONFERENCE REPORT
TO ACCOMPANY

H.R. 2014

JULY 30, 1997.—Ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE
42–457

WASHINGTON

:

1997

CONTENTS
Page

I. CHILD AND DEPENDENT CARE TAX CREDIT; HEALTH CARE FOR CHILDREN ........................................................................................................... A. Child Tax Credit (sec. 101 (a), (c), and (d) of the House bill and sec. 101 of the Senate amendment) ............................................................. B. Expand Definition of High-Risk Individuals With Respect to TaxExempt State-Sponsored Organizations Providing Health Coverage (sec. 101(b) of the House bill) ............................................................................... C. Indexing of the Dependent Care Credit; Phase Out for High-Income Taxpayers (sec. 102 of the House bill) ......................................................... D. Tax Credit for Employer Expenses for Child Care Facilities (sec. 103 of the Senate amendment) .................................................................... E. Expansion of Coordinated Enforcement Efforts Between the Internal Revenue Service and the Health and Human Services Office of Child Support Enforcement (sec. 104 of the Senate amendment) ...................... F. Penalty-Free Withdrawals From IRAs for Adoption Expenses (sec. 105 of the Senate amendment) .................................................................... II. EDUCATION TAX INCENTIVES ..................................................................... A. Tax Benefits Relating to Education Expenses .......................................... 1. HOPE tax credit and Lifetime Learning tax credit for higher education tuition expenses (sec. 201 of the House bill) ...................... 2. Tax treatment of qualified State tuition programs and education IRAs; exclusion for certain distributions from education IRAs used to pay qualified higher education expenses (secs. 202 (a), (b), and (d) and 211–212 of the House bill and secs. 211–213 of the Senate amendment) ........................................................................................... 3. Phase out qualified tuition reduction exclusion (sec. 202(c) of the House bill) .............................................................................................. 4. Deduction for student loan interest (sec. 202 of the Senate amendment) ....................................................................................................... 5. Penalty-free withdrawals from IRAs for higher education expenses (sec. 203 of the House bill and sec. 203 of the Senate amendment) .. 6. Tax credit for expenses for education which supplements elementary and secondary education (sec. 204 of the House bill) ................. 7. Certain teacher education expenses not subject to 2-percent floor on miscellaneous itemized deductions (sec. 224 of the Senate amendment) ........................................................................................... B. Other Education-Related Tax Provisions ................................................... 1. Extension of exclusion for employer-provided educational assistance (sec. 221 of the House bill and sec. 221 of the Senate amendment) ....................................................................................................... 2. Modification of $150 million limit on qualified 501(c)(3) bonds other than hospital bonds (sec. 222 of the House bill and sec. 222 of the Senate amendment) ............................................................. 3. Enhanced deduction for corporate contributions of computer technology and equipment (sec. 223 of the House bill) ............................. 4. Expansion of arbitrage rebate exception for certain bonds (sec. 223 of the Senate amendment) ............................................................. 5. Treatment of cancellation of certain student loans (sec. 224 of the House bill and sec. 225 of the Senate amendment) ..................... 6. Tax credit for holders of qualified zone academy bonds .................... III. SAVINGS AND INVESTMENT TAX INCENTIVES ..................................... A. Individual Retirement Arrangements ........................................................ 1. Increase deductible IRA phase-out range and modify active participant rule (sec. 301 of the Senate amendment) .................................... 2. Tax-free nondeductible IRAs (sec. 301 of the House bill and sec. 302 of the Senate amendment) .............................................................
(III)

330 330 334 335 336 337 338 339 339 339

348 365 366 368 369 370 371 371 372 373 374 375 376 378 378 378 379

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III. SAVINGS AND INVESTMENT TAX INCENTIVES—Continued A. Individual Retirement Arrangements—Continued 3. Modifications to early withdrawal tax (sec. 301 of the House bill and sec. 303 of the Senate amendment) .............................................. 4. IRA investments in coins and bullion (sec. 304 of the Senate amendment) ........................................................................................... B. Capital Gains Provisions ............................................................................. 1. Maximum rate of tax on net capital gains of individuals (sec. 311 of the House bill and sec. 311 of the Senate amendment) .......... 2. Small business stock (sec. 311 of the House bill and secs. 312– 313 of the Senate amendment) ............................................................. 3. Indexing of certain assets for purposes of determining gain (sec. 312 of the House bill) ............................................................................ 4. Exclusion of gain from sale of principal residence (sec. 313 of the House bill and sec. 314 of the Senate amendment) ..................... 5. Corporate capital gains (sec. 321 of the House bill) ........................... IV. ALTERNATIVE MINIMUM TAX PROVISIONS ........................................... A. Increase Exemption Amount Applicable to Individual Alternative Minimum Tax (sec. 401 of the House bill and sec. 102 of the Senate amendment) ................................................................................................... B. Repeal Alternative Minimum Tax for Small Businesses and Repeal the Depreciation Adjustment (secs. 402–403 of the House bill and secs. 55–56 of the Senate amendment) ................................................................ C. Repeal AMT Installment Method Adjustment for Famers (sec. 404 of the House bill and sec. 732 of the Senate amendment) ........................ V. ESTATE, GIFT, AND GENERATION-SKIPPING TAX PROVISIONS ......... A. Estate and Gift Tax Provisions .................................................................. 1. Increase in estate and gift tax unified credit (sec. 501(a) of the House bill and sec. 401(a) of the Senate amendment) ........................ 2. Indexing of certain other estate and gift tax provisions (sec. 501(b)(e) of the House bill and sec. 401(b)–(e) of the Senate amendment) . 3. Estate tax exclusion for qualified family-owned businesses (sec. 402 of the Senate amendment) ............................................................. 4. Reduction in estate tax for certain land subject to permanent conservation easement (sec. 403 of the Senate amendment) ............. 5. Installment payments of estate tax attributable to closely held businesses (secs. 502–503 of the House bill and (secs. 404–405 of the Senate amendment) .................................................................... 6. Estate tax recapture from cash leases of specially-valued property (sec. 504 of the House bill and sec. 406 of the Senate amendment) .. 7. Clarify eligibility for extension of time for payment of estate tax (sec. 505 of the House bill) .................................................................... 8. Gifts may not be revalued for estate tax purposes after expiration of statute of limitations (sec. 506 of the House bill) ........................... 9. Repeal of throwback rules applicable to domestic trusts (sec. 507 of the House bill) .................................................................................... 10. Unified credit of decedent increased by unified credit of spouse used on split gift included in decedent’s gross estate (sec. 508 of the House bill) .................................................................................... 11. Reformation of defective bequests to spouse of decedent (sec. 509 of the House bill) ............................................................................ B. Generation-Skipping Tax Provisions .......................................................... 1. Severing of trusts holding property having an inclusion ratio of greater than zero (sec. 511 of the House bill) ..................................... 2. Modification of generation-skipping transfer tax for transfers to individuals with deceased parents (sec. 512 of the House bill and sec. 407 of the Senate amendment) ...................................................... VI. EXTENSION OF CERTAIN EXPIRING TAX PROVISIONS ........................ A. Research Tax Credit (sec. 601 of the House bill and sec. 501 of the Senate amendment) ............................................................................... B. Contributions of Stock to Private Foundations (sec. 602 of the House bill and sec. 502 of the Senate amendment) ............................................... C. Work Opportunity Tax Credit (sec. 603 of the House bill and sec. 503 of the Senate amendment) .................................................................... D. Orphan Drug Tax Credit (sec. 604 of the House bill and sec. 504 of the Senate amendment) ........................................................................... VII. DISTRICT OF COLUMBIA TAX INCENTIVES (secs. 701–702 of the House bill and sec. 601 of the Senate amendment) ..........................................

381 381 382 382 383 385 386 387 389 389 390 391 393 393 393 394 395 401 403 405 406 407 408 410 411 412 412 413 415 415 419 421 425 426

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VIII. WELFARE-TO-WORK TAX CREDIT (sec. 801 of the House bill) ............. IX. MISCELLANEOUS PROVISIONS .................................................................. A. Excise Tax Provisions .................................................................................. 1. Repeal excise tax on diesel fuel used in recreational motorboats (sec. 901 of the House bill and sec. 701 of the Senate amendment) .. 2. Continued application of tax on imported recycled Halon-1211 (sec. 902 of the House bill) .................................................................... 3. Transfer of General Fund highway fuels tax revenues to the Highway Trust Fund (sec. 704 of the Senate amendment) ........................ 4. Tax certain alternative fuels based on energy equivalency to gasoline (sec. 705 of the Senate amendment) ............................................. 5. Extend and modify tax benefits for ethanol (sec. 605 of the House bill and sec. 707 of the Senate amendment) ........................................ 6. Treat certain gasoline ‘‘chain retailers’’ as wholesale distributors under the gasoline excise tax refunds rules (sec. 904 of the House bill) .......................................................................................................... 7. Exemption of electric and other clean-fuel motor vehicles from luxury automobile classification (sec. 905 of the House bill) ............. 8. Reduce rate of alcohol excise tax on certain hard ciders (sec. 703 of the Senate amendment). ............................................................ 9. Study feasibility of moving collection point for distilled spirits excise tax (sec. 706 of the Senate amendment) ................................... 10. Codify Treasury Department regulations regulating wine labels (sec. 708 of the Senate amendment) .................................................... 11. Uniform rate of excise tax on vaccines (sec. 903 of the House bill and sec. 844 of the Senate amendment) ........................................ B. Disaster Relief Provisions ........................................................................... 1. Authority to postpone certain tax-related deadlines by reason of Presidentially declared disaster (sec. 921 of the House bill) .............. 2. Use of certain appraisals to establish amount of disaster loss (sec. 922 of the House bill) .................................................................... 3. Treatment of livestock sold on account of weather-related conditions (sec. 923 of the House bill and sec. 721 of the Senate amendment) ....................................................................................................... 4. Mortgage bond financing for residences located in Presidentially declared disaster areas (sec. 924 of the House bill and sec. 723 of the Senate amendment) .................................................................... 5. Rules relating to denial of earned income credit on basis of disqualified income (sec. 722 of the Senate amendment) ........................ 6. Penalty-free withdrawals from IRAs for disaster-related expenses (sec. 724 of the Senate amendment) .................................................... 7. Elimination of 10-percent floor for casualty losses resulting from Presidentially declared disaster (sec. 725 of the Senate amendment) ....................................................................................................... 8. Requirement to abate interest by reason of Presidentially declared disaster (sec. 726 of the Senate amendment) ...................................... C. Provisions Relating to Employment Taxes ................................................ 1. Employment tax status of distributors of bakery products (sec. 931 of the House bill .............................................................................. 2. Clarification of standard to be used in determining tax status of retail securities brokers (sec. 932 of the House bill and sec. 779 of the Senate amendment) ............................................................. 3. Clarification of exemption from self-employment tax for certain termination payments received by former insurance salesmen (sec. 933 of the House bill) ............................................................................ 4. Safe harbor for independent contractors (sec. 934 of the House bill) .......................................................................................................... 5. Combined employment tax reporting demonstration project (sec. 769 of the Senate amendment) ............................................................. D. Provisions Relating to Small Businesses ................................................... 1. Delay imposition of penalties for failure to make payments electronically through EFTPS (sec. 941 of the House bill and sec. 731 of the Senate amendment) ............................................................. 2. Home office deduction: clarification of definition of principal place of business (sec. 942 of the House bill) ................................................ 3. Increase deduction for health insurance costs of self-employed individuals (sec. 733 of the Senate amendment) ................................. E. Other Provisions ..........................................................................................

440 442 442 442 442 443 444 445 445 446 447 448 449 449 451 451 451 452 453 454 454 455 456 456 456 457 457 459 460 461 461 463 465 466

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IX. MISCELLANEOUS PROVISIONS—Continued E. Other Provisions—Continued 1. Shrinkage estimates for inventory accounting (sec. 951 of the House bill and sec. 1013 of the Senate amendment) .......................... 2. Treatment of workmen’s compensation lability under rules for certain personal injury liability assignments (sec. 952 of the House bill) .......................................................................................................... 3. Tax-exempt status for certain state workmen’s compensation act companies (sec. 953 of the House bill and sec. 761 of the Senate amendments) .......................................................................................... 4. Election for 1987 partnerships to continue exception from treatment of publicly traded partnerships as corporations (sec. 954 of the House bill and sec. 762 of the Senate amendment) ..................... 5. Exclusion from UBIT for certain corporate sponsorship payments (sec. 955 of the House bill and sec. 763 of the Senate amendment) .. 6. Timeshare associations (sec. 956 of the House bill and sec. 764 of the Senate amendments) .................................................................. 7. Deferral of gain on certain sales of farm product refiners and processors (sec. 958 of the House bill) ................................................. 8. Exception from real estate reporting requirements for sales of principal residences (sec. 959 of the House bill and secs. 314(c) and 601(d) of the Senate amendment) ................................................. 9. Increased deduction for business meals while operating under Department of Transportation hours of service limitations (sec. 960 of the House bill and sec. 765 of the Senate amendment) .......... 10. Deductibility of meals provided for the convenience of the employer and provided by remote seafood processors (secs. 765 and 778 of the Senate amendment) ............................................................. 11. Deduction of traveling expenses while working away from home on qualified construction projects (sec. 775 of the Senate amendment) ....................................................................................................... 12. Provide above-the-line-deduction for certain business expenses (sec. 766 of the Senate amendment) .................................................... 13. Increase in standard mileage rate for purposes of computing charitable deduction (sec. 767 of the Senate amendment) ................. 14. Expensing of environmental remediation costs (‘‘brownfields’’) (sec. 768 of the Senate amendment) .................................................... 15. Treatment of consolidation of certain mutual savings bank life insurance departments (sec. 962 of the House bill) ............................ 16. Offset of past-due, legally enforceable State tax obligations against Federal overpayments (sec. 963 of the House bill) ................ 17. Modify limits on depreciation of luxury automobiles for certain clean-burning fuel and electric vehicles (sec. 964 of the House bill) .......................................................................................................... 18. Survivor benefits of public safety officers killed in the line of duty (sec. 965 of the House bill and sec. 784 of the Senate amendment) ....................................................................................................... 19. Temporary suspension of income limitations on percentage depletion for production from marginal wells (sec. 966 of the House bill and sec. 772 of the Senate amendment) ........................................ 20. Extend production credit for electricity produced from wind and ‘‘closed loop’’ biomass (sec. 771 of the Senate amendment) ................ 21. Modification of advance refunding rules for certain tax-exempt bonds issued by the Virgin Islands (sec. 957 of the House bill) ........ 22. Qualified small-issue bonds (sec. 770 of the Senate amendment) .. 23. Treatment of bonds issued by the Federal Home Loan Bank Board under the Federal guarantee rules (sec. 774 of the Senate amendment) ........................................................................................... 24. Current refundings of certain bonds issued by Indian Tribal governments (sec. 789 of the Senate amendment) .............................. 25. Purchasing of receivables by tax-exempt hospital cooperative service organizations (sec. 773 of the Senate amendment) ................ 26. Charitable contribution deduction for certain expenses incurred in support of Native Alaskan subsistence whaling (sec. 776 of the Senate amendment) ............................................................................... 27. Designation of additional empowerment zones; modification of empowerment zone and enterprise community criteria (sec. 777 of the Senate amendment) ....................................................................

466 468 469 471 473 476 478 479 480 481 483 484 484 485 488 490 491 492 493 494 494 495 496 496 497 498 499

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IX. MISCELLANEOUS PROVISIONS—Continued E. Other Provisions—Continued 28. Conducting of certain qualified games of chance not treated as unrelated trade or business (sec. 783 of the Senate amendment) ..... 29. Exclusion from income of certain severance payments (sec. 788(a) of the Senate amendment) .................................................................... 30. Special rule for thrift institutions that became large banks (sec. 790 of the Senate amendment) ............................................................. 31. Income averaging for farmers (sec. 792 of the Senate amendment) ....................................................................................................... 32. Intercity Passenger Rail Fund; elective carryback of existing net operating losses of the National Railroad Passenger Corporation (Amtrak) (sec. 702 of the Senate amendment) .................................... X. REVENUE-INCREASE PROVISIONS ............................................................. A. Financial Products ....................................................................................... 1. Require recognition of gain on certain appreciated positions in personal property (sec. 1001(a) of the House bill and sec. 801(a) of the Senate amendment) .................................................................... 2. Election of mark-to-market for securities traders and for traders and dealers in commodities (sec. 1001(b) of the House bill and sec. 801(b) of the Senate amendment) ................................................. 3. Limitation on exception for investment companies under section 351 (sec. 1002 of the House bill and sec. 802 of the Senate amendment) ....................................................................................................... 4. Disallowance of interest on indebtedness allocable to tax-exempt obligations (sec. 1003 of the House bill) ............................................... 5. Gains and losses from certain terminations with respect to property (sec. 1004 of the House bill and sec. 803 of the Senate amendment) ....................................................................................................... 6. Determination of original issue discount where pooled debt obligations subject to acceleration (sec. 1005 of the House bill) .................. 7. Deny interest deduction on certain debt instruments (sec. 1006 of the House bill) .................................................................................... B. Corporate Organizations and Reorganizations ......................................... 1. Require gain recognition for certain extraordinary dividends (sec. 1011 of the House bill and sec. 811 of the Senate amendment) ........ 2. Require gain recognition on certain distributions of controlled corporation stock (sec. 1012 of the House bill and sec. 812 of the Senate amendment) ............................................................................... 3. Reform tax treatment of certain corporate stock transfers (sec. 1013 of the House bill and sec. 813 of the Senate amendment) ........ 4. Modify holding period for dividends-received deduction (sec. 1014 of the House bill and sec. 814 of the Senate amendment) ................. C. Other Corporate Provisions ........................................................................ 1. Registration of confidential corporate tax shelters and substantial understatement penalty (sec. 1021 of the House bill and sec. 821 of the Senate amendment) .................................................................... 2. Treat certain preferred stock as ‘‘boot’’ (sec. 1022 of the House bill and sec. 822 of the Senate amendment) ........................................ D. Administrative Provisions ........................................................................... 1. Reporting of certain payments made to attorneys (sec. 1031 of the House bill) ........................................................................................ 2. Information reporting on persons receiving contract payments from certain Federal agencies (sec. 1032 of the House bill and sec. 831 of the Senate amendment) .................................................................... 3. Disclosure of tax return information for administration of certain veterans programs (sec. 1033 of the House bill and sec. 832 of the Senate amendment) ........................................................................ 4. Establish IRS continuous levy and improve debt collection .............. A. Continuous levy (sec. 1034 of the House bill and sec. 834 of the Senate amendment) ............................................................. B. Modifications of levy exemptions (secs. 1035–1036 of the House bill and secs. 835–836 of the Senate amendment) ........... 5. Consistency rule for beneficiaries of trusts and estates (sec. 1037 of the House bill and sec. 833 of the Senate amendment) ................. E. Excise Tax Provisions .................................................................................. 1. Extension and modification of Airport and Airway Trust Fund excise taxes (sec. 1041 of the House bill and sec. 841 of the Senate amendment) ...........................................................................................

505 507 507 508 509 512 512 512 515 516 517 520 522 523 524 524 527 537 538 539 539 543 545 545 547 548 549 549 550 551 551 551

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X. REVENUE-INCREASE PROVISIONS—Continued E. Excise Tax Provisions—Continued 2. Extend diesel fuel excise tax rules to kerosene (sec. 1042 of the House bill) .............................................................................................. 3. Reinstate Leaking Underground Storage Tank Trust Fund excise tax (sec. 1043 of the House bill and sec. 842 of the Senate amendment) ....................................................................................................... 4. Application of communications excise tax to prepaid telephone cards (sec. 1044 of the House bill and sec. 843 of the Senate amendment) ........................................................................................... 5. Modify treatment of tires under the heavy vehicle retail excise tax on trucks (sec. 1402 of the House bill and sec. 845 of the Senate amendment) ............................................................................... 6. Increase tobacco excise taxes (sec. 846 of the Senate amendment) .. F. Provisions Relating to Tax-Exempt Organizations ................................... 1. Extend UBIT rules to second-tier subsidiaries and amend control test (sec. 1051 of the House bill and sec. 851 of the Senate amendment) ....................................................................................................... 2. Limitation on increase in basis of property resulting from sale by tax-exempt entity to related person (sec. 1052 of the House bill and sec. 852 of the Senate amendment) ........................................ 3. Reporting and proxy tax requirements for political and lobbying expenditures of certain tax-exempt organizations (sec. 1053 of the House bill) .............................................................................................. 4. Repeal grandfather rule with respect to pension business of certain insurers (sec. 1054 of the House bill and sec. 853 of the Senate amendment) ........................................................................................... G. Foreign Provisions ....................................................................................... 1. Inclusion of income from notional principal contracts and stock lending transactions under Subpart F (sec. 1171 of the House bill and sec. 861 of the Senate amendment) ........................................ 2. Restrict like-kind exchange rules for certain personal property (sec 1172 of the House bill and sec. 862 of the Senate amendment). 3. Impose holding period requirement for claiming foreign tax credits with respect to dividends (sec. 1173 of the House bill and sec. 863 of the Senate amendment) ............................................................. 4. Penalties for failure to file disclosure of exemption for income from the international operation of ships or aircraft by foreign persons (sec. 1174 of the House bill) .................................................... 5. Limitation on treaty benefits for payments to hybrid entities (sec. 1175 of the House bill and sec. 742 of the Senate amendment) ........ 6. Interest on underpayments that are reduced by foreign tax credit carrybacks (sec. 1176 of the House bill and sec. 865 of the Senate amendment) ........................................................................................... 7. Determination of period of limitations relating to foreign tax credits (sec. 1177 of the House bill and sec. 866 of the Senate amendment) ....................................................................................................... 8. Treatment of income from certain sales of inventory as U.S. source (sec. 864 of the Senate amendment) .................................................... 9. Modify foreign tax credit carryover rules (sec. 867 of the Senate amendment) ........................................................................................... 10. Repeal special exception to foreign tax credit limitation for alternative minimum tax purposes (sec. 868 of the Senate amendment) . H. Pension and Employee Benefit Provisions ................................................ 1. Cashout of certain accrued benefits (sec. 917 of the House bill and sec. 879 of the Senate amendment) .............................................. 2. Election to receive taxable cash compensation in lieu of nontaxable parking benefits (sec. 880 of the Senate amendment) ........................ 3. Repeal of excess distribution and excess retirement accumulation taxes (sec. 882 of the Senate amendment) .......................................... 4. Tax on prohibited transactions (sec. 884 of the Senate amendment) ....................................................................................................... 5. Basis recovery rules (sec. 885 of the Senate amendment) ................. I. Other Revenue-Increase Provisions ............................................................. 1. Phase out suspense accounts for certain large farm corporations (sec. 1061 of the House bill and sec. 871 of the Senate amendment) 2. Modify net operating loss carryback and carryforward rules (sec. 1062 of the House bill and sec. 872 of the Senate amendment) ........

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X. REVENUE-INCREASE PROVISIONS—Continued I. Other Revenue-Increase Provisions—Continued 3. Expand the limitations on deductibility of interest and premiums with respect to life insurance, endowment, and annuity contracts (sec. 1063 of the House bill and sec. 873 of the Senate amendment) 4. Allocation of basis of properties distributed to a partner by a partnership (sec. 1064 of the House bill and sec. 874 of the Senate amendment) ........................................................................................... 5. Treatment of inventory items of a partnership (sec. 1065 of the House bill and sec. 875 of the Senate amendment) ............................ 6. Treatment of appreciated property contributed to a partnership (sec. 1066 of the House bill) .................................................................. 7. Earned income credit compliance provisions (sec. 1067 of the House bill and sec. 5851 of the Senate amendment to H.R. 2015) .... a. Deny EIC eligibility for prior acts of recklessness or fraud ....... b. Recertification required when taxpayer found to be ineligible for EIC in past ................................................................................ c. Due diligence requirements for paid preparers ........................... d. Modify the definition of AGI used to phase out the EIC ............ 8. Eligibility for income forecast method (sec. 1068 of the House bill and sec. 876 of the Senate amendment) ........................................ 9. Require taxpayers to include rental value of residence in income without regard to period of rental (sec. 1069 of the House bill) ........ 10. Modify the exception to the related-party rule of section 1033 for individuals to only provide an exception for de minimis amounts (sec. 1070 of the House bill and sec. 877 of the Senate amendment) 11. Repeal of exception for certain sales by manufacturers to dealers (sec. 1071 of the House bill and sec. 878 of the Senate amendment) 12. Extension of Federal unemployment surtax (sec. 881 of the Senate amendment) ..................................................................................... 13. Treatment of charitable remainder trusts (sec. 883 of the Senate amendment) ........................................................................................... 14. Modify general business credit carryback and carryforward rules (sec. 788(b) of the Senate amendment) ................................................ 15. Using Federal case registry of child support orders for tax enforcement purposes ................................................................................ 16. Expanded SSA records for tax enforcement ...................................... 17. Treatment of amounts received under the work requirements of the Personal Responsibility and Work Opportunity Act of 1996 ... XI. FOREIGN TAX PROVISIONS ......................................................................... A. General Provisions ....................................................................................... 1. Simplify foreign tax credit limitation for individuals (sec. 1103 of the House bill and sec. 901 of the Senate amendment) ................. 2. Simplify translation of foreign taxes (sec. 1104 of the House bill and sec. 902 of the Senate amendment) .............................................. 3. Election to use simplified foreign tax credit limitation for alternative minimum tax purposes (sec. 1105 of the House bill and sec. 903 of the Senate amendment) ...................................................... 4. Simplify treatment of personal transactions in foreign currency (sec. 1106 of the House bill and sec. 904 of the Senate amendment) 5. Simplify foreign tax credit limitation for dividends from 10/50 companies (sec. 1107 of the House bill) ............................................... B. General Provisions Affecting Treatment of Controlled Foreign Corporations (secs. 1111–1113 of the House bill and secs. 911–913 of the Senate amendment) ...................................................................................... C. Modification of Passive Foreign Investment Company Provisions to Eliminate Overlap With Subpart F, to Allow Mark-to-Market Election, and to Require Measurement Based on Value for PFIC Asset Test (secs. 1121–1123 of the House bill and secs. 751–753 of the Senate amendment) ................................................................................................... D. Simplify Formation and Operation of International Joint Ventures (secs. 1131, 1141–1145, and 1151 of the House bill and secs. 921, 931–935, and 941 of the Senate amendment) ............................................ E. Modification of Reporting Threshold for Stock Ownership of a Foreign Corporation (sec. 1146 of the House bill and sec. 936 of the Senate amendment) ................................................................................................... F. Other Foreign Simplification Provisions .................................................... 1. Transition rules for certain trusts (sec. 1161 of the House bill and sec. 951 of the Senate amendment) ..............................................

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XI. FOREIGN TAX PROVISIONS—Continued F. Other Foreign Simplification Provisions—Continued 2. Simplify stock and securities trading safe harbor (sec. 1162 of the House bill and sec. 952 of the Senate amendment) ..................... 3. Clarification of determination of foreign taxes deemed paid (sec. 1178(a) of the House bill and sec. 953(a) of the Senate amendment) ....................................................................................................... 4. Clarification of foreign tax credit limitation for financial services income (sec. 1178(b) of the House bill and sec. 953(b) of the Senate amendment) ........................................................................................... G. Other Foreign Provisions ............................................................................ 1. Eligibility of licenses of computer software for foreign sales corporation benefits (sec. 1101 of the House bill and sec. 741 of the Senate amendment) ............................................................................... 2. Increase dollar limitation on section 911 exclusion (sec. 1102 of the House bill) ........................................................................................ 3. Treatment of certain securities positions under the subpart F investment in U.S. property rules (sec. 743 of the Senate amendment) ....................................................................................................... 4. Exception from foreign personal holding company income under subpart F for active financing income (sec. 744 of the Senate amendment) ........................................................................................... 5. Treat service income of nonresident alien individuals earned on foreign ships as foreign source income and disregard the U.S. presence of such individuals (sec. 745 of the Senate amendment) ........... XII. SIMPLIFICATION PROVISIONS RELATING TO INDIVIDUALS AND BUSINESSES ....................................................................................................... A. Provisions Relating to Individuals ............................................................. 1. Modifications to standard deduction of dependents; AMT treatment of certain minor children (sec. 1201 of the House bill and sec. 1001 of the Senate amendment) ........................................................... 2. Increase de minimis threshold for estimated tax to $1,000 for individuals (sec. 1202 of the House bill and sec. 1002 of the Senate amendment) ........................................................................................... 3. Optional methods for computing SECA tax combined (sec. 1203 of the House bill) .................................................................................... 4. Treatment of certain reimbursed expenses of rural letter carrier’s vehicles (sec. 1204 of the House bill and sec. 1003 of the Senate amendment) ........................................................................................... 5. Travel expenses of Federal employees participating in a Federal criminal investigation (sec. 1205 of the House bill and sec. 1004 of the Senate amendment) .................................................................... 6. Payment of taxes by commercially acceptable means (sec. 1206 of the House bill) .................................................................................... B. Provisions Relating to Businesses Generally ............................................ 1. Modifications to look-back method for long-term contracts (sec. 1211 of the House bill and sec. 1011 of the Senate amendment) ...... 2. Minimum tax treatment of certain property and casualty insurance companies (sec. 1212 of the House bill and sec. 1012 of the Senate amendment) ........................................................................................... 3. Treatment of construction allowances provided to lessees (sec. 961 of the House bill and sec. 1014 of the Senate amendment) ........ C. Partnership Simplification Provisions ....................................................... 1. General provisions ................................................................................ a. Simplified flow-through for electing large partnerships (sec. 1221 of the House bill and sec. 1021 of the Senate amendment) ................................................................................................ b. Simplified audit procedures for electing large partnerships (sec. 1222 of the House bill and sec. 1022 of the Senate amendment) ................................................................................................ c. Due date for furnishing information to partners of electing large partnerships (sec. 1223 of the House bill and sec. 1023 of the Senate amendment) ............................................................. d. Partnership returns required on magnetic media (sec. 1224 of the House bill and sec. 1024 of the Senate amendment) ........ e. Treatment of partnership items of individual retirement arrangements (sec. 1225 of the House bill and sec. 1025 of the Senate amendment) ........................................................................

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XII. SIMPLIFICATION PROVISIONS RELATING TO INDIVIDUALS AND BUSINESSES—Continued C. Partnership Simplification Provisions—Continued 2. Other partnership audit rules .............................................................. a. Treatment of partnership items in deficiency proceedings (sec. 1231 of the House bill and sec. 1031 of the Senate amendment) ................................................................................................ b. Partnership return to be determinative of audit procedures to be followed (sec. 1232 of the House bill and sec. 1032 of the Senate amendment) ................................................................. c. Provisions relating to statute of limitations (sec. 1233 of the House bill and sec. 1033 of the Senate amendment) ................... d. Expansion of small partnership exception (sec. 1234 of the House bill and sec. 1034 of the Senate amendment) ................... e. Exclusion of partial settlements from 1-year limitation on assessment (sec. 1235 of the House bill and sec. 1035 of the Senate amendment) ........................................................................ f. Extension of time for filing a request for administrative adjustment (sec. 1236 of the House bill and sec. 1036 of the Senate amendment) .................................................................................... g. Availability of innocent spouse relief in context of partnership proceedings (sec. 1237 of the House bill and sec. 1037 of the Senate amendment) ........................................................................ h. Determination of penalties at partnership level (sec. 1238 of the House bill and sec. 1038 of the Senate amendment) ........ i. Provisions relating to Tax Court jurisdiction (sec. 1239 of the House bill and sec. 1039 of the Senate amendment) ................... j. Treatment of premature petitions filed by notice partners or 5-percent groups (sec. 1240 of the House bill and sec. 1040 of the Senate amendment) ............................................................. k. Bonds in case of appeals from certain proceedings (sec. 1241 of the House bill and sec. 1041 of the Senate amendment) ........ l. Suspension of interest where delay in computational adjustment resulting from certain settlements (sec. 1242 of the House bill and sec. 1042 of the Senate amendment) ................... m. Special rules for administrative adjustment requests with respect to bad debts or worthless securities (sec. 1243 of the House bill and sec. 1043 of the Senate amendment) ................... 3. Closing of partnership taxable year with respect to deceased partner (sec. 1246 of the House bill and sec. 1046 of the Senate amendment) ....................................................................................................... D. Modifications of Rules for Real Estate Investment Trusts (secs. 12511263 of the House bill and secs. 1051-1063 of the Senate amendment) .. E. Repeal the ‘‘Short-Short’’ Test for Regulated Investment Companies (sec. 1271 of the House bill and sec. 1071 of the Senate amendment) ..... F. Taxpayer Protections ................................................................................... 1. Provide reasonable cause exception for additional penalties (sec. 1281 of the House bill and sec. 1081 of the Senate amendment) ...... 2. Clarification of period for filing claims for refunds (sec. 1282 of the House bill and sec. 1082 of the Senate amendment) ................... 3. Repeal of authority to disclose whether a prospective juror has been audited (sec. 1283 of the House bill and sec. 1083 of the Senate amendment) ............................................................................... 4. Clarify statute of limitations for items from pass-through entities (sec. 1284 of the House bill and sec. 1084 of the Senate amendment) ....................................................................................................... 5. Awarding of administrative costs and attorneys fees (sec. 1285 of the House bill) .................................................................................... 6. Prohibition on browsing (secs. 1286-1287 of the House bill and secs. 1085–1086 of the Senate amendment) ........................................ XIII. ESTATE, GIFT, AND TRUST SIMPLIFICATION PROVISIONS ............. 1. Eliminate gift tax filing requirements for gifts to charities (sec. 1301 of the House bill and secs. 1101 of the Senate amendment) .... 2. Clarification of waiver of certain rights of recovery (sec. 1302 of the House bill and sec. 1102 of the Senate amendment) ............... 3. Transitional rule under section 2056A (sec. 1303 of the House bill and sec. 1103 of the Senate amendment) ...................................... 4. Clarifications relating to disclaimers (sec. 1304 of the House bill) ...

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XIII. ESTATE, GIFT, AND TRUST SIMPLIFICATION PROVISIONS—Continued 5. Amend ‘‘5 or 5 power’’ (sec. 1305 of the House bill) ........................... 6. Treatment of estate tax purposes of short-term obligations held by nonresident aliens (sec. 1306 of the House bill and sec. 1104 of the Senate amendment) .................................................................... 7. Certain revocable trusts treated as part of estate (sec. 1307 of the House bill) ........................................................................................ 8. Distributions during first 65 days of taxable year of estate (sec. 1308 of the House bill and sec. 1105 of the Senate amendment) ...... 9. Separate share rules available to estates (sec. 1309 of the House bill and sec. 1106 of the Senate amendment) ...................................... 10. Executor of estate and beneficiaries treated as related persons for disallowance of losses (sec. 1310 of the House bill and sec. 1107 of the Senate amendment) ........................................................... 11. Limitation on taxable year of estates (sec. 1311 of the House bill) .......................................................................................................... 12. Simplified taxation of earnings of pre-need funeral trusts (sec. 1312 of the House bill and sec. 1108 of the Senate amendment) ...... 13. Adjustments for gifts within 3 years of decedent’s death (sec. 1313 of the House bill and sec. 1109 of the Senate amendment ....... 14. Clarify relationship between community property rights and retirement benefits (sec. 1314 of the House bill and sec. 1110 of the Senate amendment) ........................................................................ 15. Treatment under qualified domestic trust rules of forms of ownership which are not trusts (sec. 1315 of the House bill and sec. 1111 of the Senate amendment) ........................................................... 16. Opportunity to correct certain failures under section 2032A (sec. 1316 of the House bill and sec. 1112 of the Senate amendment) ...... 17. Authority to waive requirement of U.S. trustee for qualified domestic trusts (sec. 1317 of the House bill and sec. 1113 of the Senate amendment) ............................................................................... XIV. EXCISE TAX AND OTHER SIMPLIFICATION PROVISIONS ................. A. Excise Tax Simplification Provisions ......................................................... 1. Increase de minimis limit for after-market alternations subject to heavy truck and luxury automobile excise taxes (sec. 1401 of the House bill and sec. 1201 of the Senate amendment) ................... 2. Simplification of excise taxes on distilled spirits, wine, and beer (secs. 1411–1422 of the House bill and secs. 1211–1222 of the Senate amendment) ............................................................................... 3. Authority for Internal Revenue Service to grant exemptions from excise tax registration requirements (sec. 1431 of the House bill and sec. 1231 of the Senate amendment) ............................................ 4. Repeal of expired excise tax provisions (sec. 1432 of the House bill and sec. 1232 of the Senate amendment) ...................................... 5. Modifications to the excise tax on arrows (sec. 1233 of the Senate amendment) ........................................................................................... 6. Modifications to heavy highway vehicle retail excise tax (sec. 1234 of the Senate amendment) .................................................................... 7. Treatment of skydiving flights as noncommercial aviation (sec. 1235 of the Senate amendment) ........................................................... 8. Eliminate double taxation of certain aviation fuels sold to producers by ‘‘fixed base operators’’ (sec. 1236 of the Senate amendment) . B. Tax-Exempt Bond Provisions ...................................................................... 1. Repeal of $100,000 limitation on unspent proceeds under 1-year exception from rebate (sec. 1441 of the House bill and sec. 1241 of the Senate amendment) .................................................................... 2. Exception from rebate for earnings on bona fide debt service fund under construction bond rules (sec. 1442 of the House bill and sec. 1242 of the Senate amendment) .................................................... 3. Repeal of debt service-based limitation on investment in certain nonpurpose investments (sec. 1443 of the House bill and sec. 1243 of the Senate amendment) .................................................................... 4. Repeal of expired provisions relating to student loan bonds (sec. 1444 of the House bill and sec. 1244 of the Senate amendment) ...... C. Tax Court Procedures .................................................................................. 1. Overpayment determinations of Tax Court (sec. 1451 of the House bill and sec. 1251 of the Senate amendment) ......................................

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XIV. EXCISE TAX AND OTHER SIMPLIFICATION PROVISIONS—Continued C. Tax Court Procedures—Continued 2. Redetermination of interest pursuant to motion (sec. 1452 of the House bill and sec. 1252 of the Senate amendment) .......................... 3. Application of net worth requirement for awards of litigation costs (sec. 1453 of the House bill and sec. 1253 of the Senate amendment) ....................................................................................................... 4. Tax Court jurisdiction for determination of employment status (sec. 1454 of the House bill and sec. 1254 of the Senate amendment) ....................................................................................................... D. Other Provisions .......................................................................................... 1. Due date for first quarter estimated tax payments by private foundations (sec. 1461 of the House bill and sec. 1261 of the Senate amendment) ........................................................................................... 2. Withholding of Commonwealth income taxes from wages of Federal employees (sec. 1462 of the House bill and sec. 1262 of the Senate amendment) ........................................................................................... 3. Certain notices disregarded under provision increasing interest rate on large corporate underpayments (sec. 1463 of the House bill and sec. 1263 of the Senate amendment) ...................................... XV. PENSION AND EMPLOYEE BENEFIT PROVISIONS ............................... A. Miscellaneous Provisions Relating to Pensions and Other Benefits ....... 1. Cash or deferred arrangements for irrigation and drainage entities (sec. 911 of the House bill) .................................................................... 2. Permanent moratorium on application of nondiscrimination rules to State and local governmental plans (sec. 912 of the House bill and sec. 1308 of the Senate amendment) ............................................ 3. Treatment of certain disability payments to public safety employees (sec. 913 of the House bill and sec. 785 of the Senate amendment) ....................................................................................................... 4. Portability of permissive service credit under governmental pension plans (sec. 914 of the House bill) .................................................. 5. Gratuitous transfers for the benefit of employees (sec. 915 of the House bill) ........................................................................................ 6. Treatment of certain transportation on noncommercially operated aircraft as a fringe benefit (sec. 916 of the House bill) ...................... 7. Clarification of certain rules relating to ESOPs of S corporations (sec. 918 of the House bill and sec. 1309 of the Senate amendment) 8. Repeal application of UBIT to ESOPs of S corporations (sec. 716 of the Senate amendment) .................................................................... 9. Treatment of multiemployer plans under section 415 (sec. 711 of the Senate amendment) .................................................................... 10. Modification of partial termination rules (sec. 712 of the House amendment) ........................................................................................... 11. Increase in full funding limit (sec. 713 of the Senate amendment) 12. Spousal consent required for distributions from section 401(k) plans (sec. 714 of the Senate amendment) .......................................... 13. Contributions on behalf of a minister to a church plan (sec. 715 of the Senate amendment) ............................................................. 14. Exclusion of ministers from discrimination testing of certain nonchurch retirement plans (sec. 715 of the Senate amendment) ........... 15. Diversification in section 401(k) plan investments (sec. 717 of the Senate amendments) ....................................................................... 16. Removal of dollar limitation on benefit payments from a defined benefit plan for police and fire employees (sec. 786 of the Senate amendment) ........................................................................................... 17. Church plan exception to prohibition on discrimination against individuals based on health status ....................................................... 18. Newborns’ and mothers’ health protection, mental health parity .. B. Pension Simplification Provisions .............................................................. 1. Matching contributions of self-employed individuals not treated as elective deferrals (sec. 1301 of the Senate amendment) ................ 2. Contributions to IRAs through payroll deductions (sec. 1302 of the Senate amendment) ........................................................................ 3. Plans not disqualified merely by accepting rollover contributions (sec. 1303 of the Senate amendment) .................................................. 4. Modification of prohibition on assignment or alienation (sec. 1304 of the Senate amendment) ....................................................................

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XV. PENSION AND EMPLOYEE BENEFIT PROVISIONS—Continued B. Pension Simplification Provisions—Continued 5. Elimination of paperwork burdens on plans (sec. 1305 of the Senate amendment) ..................................................................................... 6. Modification of section 403(b) exclusion allowance to conform to section 415 modifications (sec. 1306 of the Senate amendment) ....... 7. New technologies in retirement plans (sec. 1307 of the Senate amendment) ........................................................................................... 8. Modification of 10-percent tax on nondeductible contributions (sec. 1310 of the Senate amendment) ........................................................... 9. Modify funding requirements for certain plans (sec. 1311 of the Senate amendment) ............................................................................... 10. Date for adoption of plan amendments ............................................. XVI. SENSE OF THE SENATE RESOLUTIONS ................................................ A. Sense of the Senate Regarding Reform of the Internal Revenue Code of 1986 (sec. 780 of the Senate amendment) .............................................. B. Sense of the Senate Regarding Tax Treatment of Stock options (sec. 781 of the Senate amendment) .................................................................... C. Sense of the Senate Regarding Estate Taxes (sec. 782 of the Senate amendments) ................................................................................................. D. Sense of the Senate Regarding Who Should Benefit From Tax Cuts (sec. 791 of the Senate amendment) ............................................................ E. Sense of the Senate Regarding Self-Employment Taxes of Limited Partners (sec. 734 of the Senate amendment) ............................................ XVII. TECHNICAL CORRECTIONS PROVISIONS ............................................ XVIII. OTHER TAX PROVISION .......................................................................... A. Estimated Tax Requirements of Individuals for 1997 and 1998 (sec. 311(d) of the House bill) ............................................................................... XIX. TRADE PROVISIONS .................................................................................... A. Extension of Duty-Free Treatment Under the Generalized System of Preferences (sec. 971 of the House bill) .................................................. B. Temporary Suspension of Vessel Repair Duty (sec. 972 of the House bill) ................................................................................................................. C. United States-Caribbean Basin Trade Partnership Act (secs. 981– 988 of the House bill) .................................................................................... XX. LIMITED TAX BENEFITS SUBJECT TO THE LINE ITEM VETO ACT ..

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105TH CONGRESS " HOUSE OF REPRESENTATIVES 1st Session

!

REPORT 105–220

TAXPAYER RELIEF ACT OF 1997

JULY 30, 1997.—Ordered to be printed

Mr. ARCHER, from the committee of conference, submitted the following

CONFERENCE REPORT
[To accompany H.R. 2014]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2014) to provide for reconciliation pursuant to subsections (b)(2) and (d) of section 105 of the concurrent resolution on the budget for fiscal year 1998, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:
SECTION 1. SHORT TITLE; ETC.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Taxpayer Relief Act of 1997’’. (b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) SECTION 15 NOT TO APPLY.—No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) WAIVER OF ESTIMATED TAX PENALTIES.—No addition to tax shall be made under section 6654 or 6655 of the Internal Revenue Code of 1986 for any period before January 1, 1998, for any payment the due date of which is before January 16, 1998, with respect to any underpayment attributable to such period to the extent such underpayment was created or increased by any provision of this Act.

2 (e) TABLE as follows:
OF

CONTENTS.—The table of contents for this Act is

Sec. 1. Short title; etc. TITLE I—CHILD TAX CREDIT Sec. 101. Child tax credit. TITLE II—EDUCATION INCENTIVES Subtitle A—Tax Benefits Relating to Education Expenses Sec. 201. Hope and lifetime learning credits. Sec. 202. Deduction for interest on education loans. Sec. 203. Penalty-free withdrawals from individual retirement plans for higher education expenses. Subtitle B—Expanded Education Investment Savings Opportunities PART I—QUALIFIED TUITION PROGRAMS Sec. 211. Modifications of qualified State tuition programs. PART II—EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS Sec. 213. Education individual retirement accounts. Subtitle C—Other Education Initiatives Sec. 221. Extension of exclusion for employer-provided educational assistance. Sec. 222. Repeal of limitation on qualified 501(c)(3) bonds other than hospital bonds. Sec. 223. Increase in arbitrage rebate exception for governmental bonds used to finance education facilities. Sec. 224. Contributions of computer technology and equipment for elementary or secondary school purposes. Sec. 225. Treatment of cancellation of certain student loans. Sec. 226. Incentives for education zones. TITLE III—SAVINGS AND INVESTMENT INCENTIVES Subtitle A—Retirement Savings Sec. 301. Restoration of IRA deduction for certain taxpayers. Sec. 302. Establishment of nondeductible tax-free individual retirement accounts. Sec. 303. Distributions from certain plans may be used without penalty to purchase first homes. Sec. 304. Certain bullion not treated as collectibles. Sec. Sec. Sec. Sec. 311. 312. 313. 314. Subtitle B—Capital Gains 20 percent maximum capital gains rate for individuals. Exemption from tax for gain on sale of principal residence. Rollover of gain from sale of qualified stock. Amount of net capital gain taken into account in computing alternative tax on capital gains for corporations not to exceed taxable income of the corporation.

TITLE IV—ALTERNATIVE MINIMUM TAX REFORM Sec. 401. Exemption from alternative minimum tax for small corporations. Sec. 402. Repeal of separate depreciation lives for minimum tax purposes. Sec. 403. Minimum tax not to apply to farmers’ installment sales. TITLE V—ESTATE, GIFT, AND GENERATION-SKIPPING TAX PROVISIONS Subtitle A—Estate and Gift Tax Provisions Sec. 501. Cost-of-living adjustments relating to estate and gift tax provisions. Sec. 502. Family-owned business exclusion. Sec. 503. Modifications to rate of interest on portion of estate tax extended under section 6166. Sec. 504. Extension of treatment of certain rents under section 2032A to lineal descendants.

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Sec. 505. Clarification of judicial review of eligibility for extension of time for payment of estate tax. Sec. 506. Gifts may not be revalued for estate tax purposes after expiration of statute of limitations. Sec. 507. Repeal of throwback rules applicable to certain domestic trusts. Sec. 508. Treatment of land subject to a qualified conservation easement. Subtitle B—Generation-Skipping Tax Provision Sec. 511. Expansion of exception from generation-skipping transfer tax for transfers to individuals with deceased parents. Sec. Sec. Sec. Sec. 601. 602. 603. 604. TITLE VI—EXTENSIONS Research tax credit. Contributions of stock to private foundations. Work opportunity tax credit. Orphan drug tax credit.

TITLE VII—INCENTIVES FOR REVITALIZATION OF THE DISTRICT OF COLUMBIA Sec. 701. Tax incentives for revitalization of the District of Columbia. TITLE VIII—WELFARE-TO-WORK INCENTIVES Sec. 801. Incentives for employing long-term family assistance recipients. TITLE IX—MISCELLANEOUS PROVISIONS Subtitle A—Provisions Relating to Excise Taxes Sec. 901. General revenue portion of highway motor fuels taxes deposited into Highway Trust Fund. Sec. 902. Repeal of tax on diesel fuel used in recreational boats. Sec. 903. Continued application of tax on imported recycled Halon-1211. Sec. 904. Uniform rate of tax on vaccines. Sec. 905. Operators of multiple gasoline retail outlets treated as wholesale distributor for refund purposes. Sec. 906. Exemption of electric and other clean-fuel motor vehicles from luxury automobile classification. Sec. 907. Rate of tax on certain special fuels determined on basis of BTU equivalency with gasoline. Sec. 908. Modification of tax treatment of hard cider. Sec. 909. Study of feasibility of moving collection point for distilled spirits excise tax. Sec. 910. Clarification of authority to use semi-generic designations on wine labels. Subtitle B—Revisions Relating to Disasters Sec. 911. Authority to postpone certain tax-related deadlines by reason of presidentially declared disaster. Sec. 912. Use of certain appraisals to establish amount of disaster loss. Sec. 913. Treatment of livestock sold on account of weather-related conditions. Sec. 914. Mortgage financing for residences located in disaster areas. Sec. 915. Abatement of interest on underpayments by taxpayers in presidentially declared disaster areas. Subtitle C—Provisions Relating to Employment Taxes Sec. 921. Clarification of standard to be used in determining employment tax status of securities brokers. Sec. 922. Clarification of exemption from self-employment tax for certain termination payments received by former insurance salesmen. Subtitle D—Provisions Relating to Small Businesses Sec. 931. Waiver of penalty through June 30, 1998, on small businesses failing to make electronic fund transfers of taxes. Sec. 932. Clarification of treatment of home office use for administrative and management activities. Sec. 933. Averaging of farm income over 3 years. Sec. 934. Increase in deduction for health insurance costs of self-employed individuals. Sec. 935. Moratorium on certain regulations.

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Subtitle E—Brownfields Sec. 941. Expensing of environmental remediation costs. Subtitle F—Empowerment Zones, Enterprise Communities, Brownfields, and Community Development Financial Institutions CHAPTER 1—ADDITIONAL EMPOWERMENT ZONES Sec. 951. Additional empowerment zones. CHAPTER 2—NEW EMPOWERMENT ZONES Sec. 952. Designation of new empowerment zones. Sec. 953. Volume cap not to apply to enterprise zone facility bonds with respect to new empowerment zones. Sec. 954. Modification to eligibility criteria for designation of future enterprise zones in Alaska or Hawaii. CHAPTER 3—TREATMENT OF EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES Sec. 955. Modifications to enterprise zone facility bond rules for all empowerment zones and enterprise communities. Sec. 956. Modifications to enterprise zone business definition for all empowerment zones and enterprise communities. Subtitle G—Other Provisions Sec. 961. Use of estimates of shrinkage for inventory accounting. Sec. 962. Assignment of workmen’s compensation liability eligible for exclusion relating to personal injury liability assignments. Sec. 963. Tax-exempt status for certain State worker’s compensation act companies. Sec. 964. Election for 1987 partnerships to continue exception from treatment of publicly traded partnerships as corporations. Sec. 965. Exclusion from unrelated business taxable income for certain sponsorship payments. Sec. 966. Associations of holders of timeshare interests to be taxed like other homeowners associations. Sec. 967. Additional advance refunding of certain Virgin Island bonds. Sec. 968. Nonrecognition of gain on sale of stock to certain farmers’ cooperatives. Sec. 969. Increased deductibility of business meal expenses for individuals subject to Federal hours of service. Sec. 970. Clarification of de minimis fringe benefit rules to no-charge employee meals. Sec. 971. Exemption of the incremental cost of a clean fuel vehicle from the limits on depreciation for vehicles. Sec. 972. Temporary suspension of taxable income limit on percentage depletion for marginal production. Sec. 973. Increase in standard mileage rate expense deduction for charitable use of passenger automobile. Sec. 974. Clarification of treatment of certain receivables purchased by cooperative hospital service organizations. Sec. 975. Deduction in computing adjusted gross income for expenses in connection with service performed by certain officials. Sec. 976. Combined employment tax reporting demonstration project. Sec. 977. Elective carryback of existing carryovers of National Railroad Passenger Corporation. Subtitle H—Extension of Duty-Free Treatment Under Generalized System of Preferences Sec. 981. Generalized System of Preferences. TITLE X—REVENUES Sec. Sec. Sec. Sec. 1001. 1002. 1003. 1004. Subtitle A—Financial Products Constructive sales treatment for appreciated financial positions. Limitation on exception for investment companies under section 351. Gains and losses from certain terminations with respect to property. Determination of original issue discount where pooled debt obligations subject to acceleration. Denial of interest deductions on certain debt instruments.

Sec. 1005.

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Subtitle B—Corporate Organizations and Reorganizations Sec. 1011. Tax treatment of certain extraordinary dividends. Sec. 1012. Application of section 355 to distributions in connection with acquisitions and to intragroup transactions. Sec. 1013. Tax treatment of redemptions involving related corporations. Sec. 1014. Certain preferred stock treated as boot. Sec. 1015. Modification of holding period applicable to dividends received deduction. Subtitle C—Administrative Provisions Sec. 1021. Reporting of certain payments made to attorneys. Sec. 1022. Decrease of threshold for reporting payments to corporations performing services for Federal agencies. Sec. 1023. Disclosure of return information for administration of certain veterans programs. Sec. 1024. Continuous levy on certain payments. Sec. 1025. Modification of levy exemption. Sec. 1026. Confidentiality and disclosure of returns and return information. Sec. 1027. Returns of beneficiaries of estates and trusts required to file returns consistent with estate or trust return or to notify Secretary of inconsistency. Sec. 1028. Registration and other provisions relating to confidential corporate tax shelters. Subtitle D—Excise and Employment Tax Provisions Sec. 1031. Extension and modification of taxes funding Airport and Airway Trust Fund; increased deposits into such Fund. Sec. 1032. Kerosene taxed as diesel fuel. Sec. 1033. Restoration of Leaking Underground Storage Tank Trust Fund taxes. Sec. 1034. Application of communications tax to prepaid telephone cards. Sec. 1035. Extension of temporary unemployment tax. Subtitle E—Provisions Relating to Tax-Exempt Entities Sec. 1041. Expansion of look-thru rule for interest, annuities, royalties, and rents derived by subsidiaries of tax-exempt organizations. Sec. 1042. Termination of certain exceptions from rules relating to exempt organizations which provide commercial-type insurance. Subtitle F—Foreign Provisions Sec. 1051. Definition of foreign personal holding company income. Sec. 1052. Personal property used predominantly in the United States treated as not property of a like kind with respect to property used predominantly outside the United States. Sec. 1053. Holding period requirement for certain foreign taxes. Sec. 1054. Denial of treaty benefits for certain payments through hybrid entities. Sec. 1055. Interest on underpayments not reduced by foreign tax credit carrybacks. Sec. 1056. Clarification of period of limitations on claim for credit or refund attributable to foreign tax credit carryforward. Sec. 1057. Repeal of exception to alternative minimum foreign tax credit limit. Subtitle G—Partnership Provisions Sec. 1061. Allocation of basis among properties distributed by partnership. Sec. 1062. Repeal of requirement that inventory be substantially appreciated with respect to sale or exchange of partnership interest. Sec. 1063. Extension of time for taxing precontribution gain. Subtitle H—Pension Provisions Sec. 1071. Pension accrued benefit distributable without consent increased to $5,000. Sec. 1072. Election to receive taxable cash compensation in lieu of nontaxable parking benefits. Sec. 1073. Repeal of excess distribution and excess retirement accumulation tax. Sec. 1074. Increase in tax on prohibited transactions. Sec. 1075. Basis recovery rules for annuities over more than one life.

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Subtitle I—Other Revenue Provisions Sec. 1081. Termination of suspense accounts for family corporations required to use accrual method of accounting. Sec. 1082. Modification of taxable years to which net operating losses may be carried. Sec. 1083. Modifications to taxable years to which unused credits may be carried. Sec. 1084. Expansion of denial of deduction for certain amounts paid in connection with insurance. Sec. 1085. Improved enforcement of the application of the earned income credit. Sec. 1086. Limitation on property for which income forecast method may be used. Sec. 1087. Expansion of requirement that involuntarily converted property be replaced with property acquired from an unrelated person. Sec. 1088. Treatment of exception from installment sales rules for sales of property by a manufacturer to a dealer. Sec. 1089. Limitations on charitable remainder trust eligibility for certain trusts. Sec. 1090. Expanded SSA records for tax enforcement. Sec. 1091. Modification of estimated tax safe harbors. TITLE XI—SIMPLIFICATION AND OTHER FOREIGN-RELATED PROVISIONS Subtitle A—General Provisions Sec. 1101. Certain individuals exempt from foreign tax credit limitation. Sec. 1102. Exchange rate used in translating foreign taxes. Sec. 1103. Election to use simplified section 904 limitation for alternative minimum tax. Sec. 1104. Treatment of personal transactions by individuals under foreign currency rules. Sec. 1105. Foreign tax credit treatment of dividends from noncontrolled section 902 corporations. Subtitle B—Treatment of Controlled Foreign Corporations Sec. 1111. Gain on certain stock sales by controlled foreign corporations treated as dividends. Sec. 1112. Miscellaneous modifications to subpart F. Sec. 1113. Indirect foreign tax credit allowed for certain lower tier companies. Subtitle C—Treatment of Passive Foreign Investment Companies Sec. 1121. United States shareholders of controlled foreign corporations not subject to PFIC inclusion. Sec. 1122. Election of mark to market for marketable stock in passive foreign investment company. Sec. 1123. Valuation of assets for passive foreign investment company determination. Sec. 1124. Effective date. Subtitle D—Repeal of Excise Tax on Transfers to Foreign Entities Sec. 1131. Repeal of excise tax on transfers to foreign entities; recognition of gain on certain transfers to foreign trusts and estates. Subtitle E—Information Reporting Sec. 1141. Clarification of application of return requirement to foreign partnerships. Sec. 1142. Controlled foreign partnerships subject to information reporting comparable to information reporting for controlled foreign corporations. Sec. 1143. Modifications relating to returns required to be filed by reason of changes in ownership interests in foreign partnership. Sec. 1144. Transfers of property to foreign partnerships subject to information reporting comparable to information reporting for such transfers to foreign corporations. Sec. 1145. Extension of statute of limitations for foreign transfers. Sec. 1146. Increase in filing thresholds for returns as to organization of foreign corporations and acquisitions of stock in such corporations. Subtitle F—Determination of Foreign or Domestic Status of Partnerships Sec. 1151. Determination of foreign or domestic status of partnerships.

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Subtitle G—Other Simplification Provisions Sec. 1161. Transition rule for certain trusts. Sec. 1162. Repeal of stock and securities safe harbor requirement that principal office be outside the United States. Sec. 1163. Miscellaneous clarifications. Subtitle H—Other Provisions Sec. 1171. Treatment of computer software as FSC export property. Sec. 1172. Adjustment of dollar limitation on section 911 exclusion. Sec. 1173. United States property not to include certain assets acquired by dealers in ordinary course of trade or business. Sec. 1174. Treatment of nonresident aliens engaged in international transportation services. Sec. 1175. Exemption for active financing income. TITLE XII—SIMPLIFICATION PROVISIONS RELATING TO INDIVIDUALS AND BUSINESSES Subtitle A—Provisions Relating to Individuals Sec. 1201. Basic standard deduction and minimum tax exemption amount for certain dependents. Sec. 1202. Increase in amount of tax exempt from estimated tax requirements. Sec. 1203. Treatment of certain reimbursed expenses of rural mail carriers. Sec. 1204. Treatment of traveling expenses of certain Federal employees engaged in criminal investigations. Sec. 1205. Payment of tax by commercially acceptable means. Subtitle B—Provisions Relating to Businesses Generally Sec. 1211. Modifications to look-back method for long-term contracts. Sec. 1212. Minimum tax treatment of certain property and casualty insurance companies. Sec. 1213. Qualified lessee construction allowances for short-term leases. Subtitle C—Simplification Relating to Electing Large Partnerships PART I—GENERAL PROVISIONS Sec. 1221. Simplified flow-through for electing large partnerships. Sec. 1222. Simplified audit procedures for electing large partnerships. Sec. 1223. Due date for furnishing information to partners of electing large partnerships. Sec. 1224. Returns required on magnetic media. Sec. 1225. Treatment of partnership items of individual retirement accounts. Sec. 1226. Effective date. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. PART II—PROVISIONS RELATED TO TEFRA PARTNERSHIP PROCEEDINGS 1231. Treatment of partnership items in deficiency proceedings. 1232. Partnership return to be determinative of audit procedures to be followed. 1233. Provisions relating to statute of limitations. 1234. Expansion of small partnership exception. 1235. Exclusion of partial settlements from 1-year limitation on assessment. 1236. Extension of time for filing a request for administrative adjustment. 1237. Availability of innocent spouse relief in context of partnership proceedings. 1238. Determination of penalties at partnership level. 1239. Provisions relating to court jurisdiction, etc. 1240. Treatment of premature petitions filed by notice partners or 5-percent groups. 1241. Bonds in case of appeals from certain proceeding. 1242. Suspension of interest where delay in computational adjustment resulting from certain settlements. 1243. Special rules for administrative adjustment requests with respect to bad debts or worthless securities.

PART III—PROVISION RELATING TO CLOSING OF PARTNERSHIP TAXABLE YEAR WITH RESPECT TO DECEASED PARTNER, ETC. Sec. 1246. Closing of partnership taxable year with respect to deceased partner, etc.

8
Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Subtitle D—Provisions Relating to Real Estate Investment Trusts 1251. Clarification of limitation on maximum number of shareholders. 1252. De minimis rule for tenant services income. 1253. Attribution rules applicable to stock ownership. 1254. Credit for tax paid by REIT on retained capital gains. 1255. Repeal of 30-percent gross income requirement. 1256. Modification of earnings and profits rules for determining whether REIT has earnings and profits from non-REIT year. 1257. Treatment of foreclosure property. 1258. Payments under hedging instruments. 1259. Excess noncash income. 1260. Prohibited transaction safe harbor. 1261. Shared appreciation mortgages. 1262. Wholly owned subsidiaries. 1263. Effective date.

Subtitle E—Provisions Relating to Regulated Investment Companies Sec. 1271. Repeal of 30-percent gross income limitation. Subtitle F—Taxpayer Protections Sec. 1281. Reasonable cause exception for certain penalties. Sec. 1282. Clarification of period for filing claims for refunds. Sec. 1283. Repeal of authority to disclose whether prospective juror has been audited. Sec. 1284. Clarification of statute of limitations. Sec. 1285. Awarding of administrative costs. TITLE XIII—SIMPLIFICATION PROVISIONS RELATING TO ESTATE AND GIFT TAXES Sec. 1301. Gifts to charities exempt from gift tax filing requirements. Sec. 1302. Clarification of waiver of certain rights of recovery. Sec. 1303. Transitional rule under section 2056A. Sec. 1304. Treatment for estate tax purposes of short-term obligations held by nonresident aliens. Sec. 1305. Certain revocable trusts treated as part of estate. Sec. 1306. Distributions during first 65 days of taxable year of estate. Sec. 1307. Separate share rules available to estates. Sec. 1308. Executor of estate and beneficiaries treated as related persons for disallowance of losses, etc. Sec. 1309. Treatment of funeral trusts. Sec. 1310. Adjustments for gifts within 3 years of decedent’s death. Sec. 1311. Clarification of treatment of survivor annuities under qualified terminable interest rules. Sec. 1312. Treatment under qualified domestic trust rules of forms of ownership which are not trusts. Sec. 1313. Opportunity to correct certain failures under section 2032A. Sec. 1314. Authority to waive requirement of United States trustee for qualified domestic trusts. TITLE XIV—SIMPLIFICATION PROVISIONS RELATING TO EXCISE TAXES, TAX-EXEMPT BONDS, AND OTHER MATTERS Subtitle A—Excise Tax Simplification PART I—EXCISE TAXES ON HEAVY TRUCKS AND LUXURY CARS Sec. 1401. Increase in de minimis limit for after-market alterations for heavy trucks and luxury cars. Sec. 1402. Credit for tire tax in lieu of exclusion of value of tires in computing price. PART II—PROVISIONS RELATED TO DISTILLED SPIRITS, WINES, AND BEER Sec. 1411. Credit or refund for imported bottled distilled spirits returned to distilled spirits plant. Sec. 1412. Authority to cancel or credit export bonds without submission of records. Sec. 1413. Repeal of required maintenance of records on premises of distilled spirits plant. Sec. 1414. Fermented material from any brewery may be received at a distilled spirits plant.

9
Sec. 1415. Repeal of requirement for wholesale dealers in liquors to post sign. Sec. 1416. Refund of tax to wine returned to bond not limited to unmerchantable wine. Sec. 1417. Use of additional ameliorating material in certain wines. Sec. 1418. Domestically produced beer may be withdrawn free of tax for use of foreign embassies, legations, etc. Sec. 1419. Beer may be withdrawn free of tax for destruction. Sec. 1420. Authority to allow drawback on exported beer without submission of records. Sec. 1421. Transfer to brewery of beer imported in bulk without payment of tax. Sec. 1422. Transfer to bonded wine cellars of wine imported in bulk without payment of tax. Sec. Sec. Sec. Sec. Sec. Sec. 1431. 1432. 1433. 1434. 1435. 1436. PART III—OTHER EXCISE TAX PROVISIONS Authority to grant exemptions from registration requirements. Repeal of expired provisions. Simplification of imposition of excise tax on arrows. Modifications to retail tax on heavy trucks. Skydiving flights exempt from tax on transportation of persons by air. Allowance or credit of refund for tax-paid aviation fuel purchased by registered producer of aviation fuel.

Subtitle B—Tax-Exempt Bond Provisions Sec. 1441. Repeal of $100,000 limitation on unspent proceeds under 1-year exception from rebate. Sec. 1442. Exception from rebate for earnings on bona fide debt service fund under construction bond rules. Sec. 1443. Repeal of debt service-based limitation on investment in certain nonpurpose investments. Sec. 1444. Repeal of expired provisions. Sec. 1445. Effective date. Sec. Sec. Sec. Sec. 1451. 1452. 1453. 1454. Subtitle C—Tax Court Procedures Overpayment determinations of Tax Court. Redetermination of interest pursuant to motion. Application of net worth requirement for awards of litigation costs. Proceedings for determination of employment status.

Subtitle D—Other Provisions Sec. 1461. Extension of due date of first quarter estimated tax payment by private foundations. Sec. 1462. Clarification of authority to withhold Puerto Rico income taxes from salaries of Federal employees. Sec. 1463. Certain notices disregarded under provision increasing interest rate on large corporate underpayments. TITLE XV—PENSIONS AND EMPLOYEE BENEFITS Subtitle A—Simplification Sec. 1501. Matching contributions of self-employed individuals not treated as elective employer contributions. Sec. 1502. Modification of prohibition of assignment or alienation. Sec. 1503. Elimination of paperwork burdens on plans. Sec. 1504. Modification of 403(b) exclusion allowance to conform to 415 modifications. Sec. 1505. Extension of moratorium on application of certain nondiscrimination rules to State and local governments. Sec. 1506. Clarification of certain rules relating to employee stock ownership plans of S corporations. Sec. 1507. Modification of 10-percent tax for nondeductible contributions. Sec. 1508. Modification of funding requirements for certain plans. Sec. 1509. Clarification of disqualification rules relating to acceptance of rollover contributions. Sec. 1510. New technologies in retirement plans. Subtitle B—Other Provisions Relating to Pensions and Employee Benefits Sec. 1521. Increase in current liability funding limit.

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Sec. Sec. Sec. Sec. Sec. Sec. Special rules for church plans. Repeal of application of unrelated business income tax to ESOPs. Diversification of section 401(k) plan investments. Section 401(k) plans for certain irrigation and drainage entities. Portability of permissive service credit under governmental pension plans. Removal of dollar limitation on benefit payments from a defined benefit plan maintained for certain police and fire employees. Sec. 1528. Survivor benefits for public safety officers killed in the line of duty. Sec. 1529. Treatment of certain disability benefits received by former police officers or firefighters. Sec. 1530. Gratuitous transfers for the benefit of employees. Subtitle C—Provisions Relating to Certain Health Acts Sec. 1531. Amendments to the Internal Revenue Code of 1986 to implement the Newborns’ and Mothers’ Health Protection Act of 1996 and the Mental Health Parity Act of 1996. Sec. 1532. Special rules relating to church plans. Subtitle D—Provisions Relating to Plan Amendments Sec. 1541. Provisions relating to plan amendments. TITLE XVI—TECHNICAL AMENDMENTS RELATED TO SMALL BUSINESS JOB PROTECTION ACT OF 1996 AND OTHER LEGISLATION Sec. 1600. Coordination with other titles. Sec. 1601. Amendments related to Small Business Job Protection Act of 1996. Sec. 1602. Amendments related to Health Insurance Portability and Accountability Act of 1996. Sec. 1603. Amendments related to Taxpayer Bill of Rights 2. Sec. 1604. Miscellaneous provisions. TITLE XVII—IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO LINE ITEM VETO Sec. 1701. Identification of limited tax benefits subject to line item veto. 1522. 1523. 1524. 1525. 1526. 1527.

TITLE I—CHILD TAX CREDIT
SEC. 101. CHILD TAX CREDIT.

(a) IN GENERAL.—Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section:
‘‘SEC. 24. CHILD TAX CREDIT.

‘‘(a) ALLOWANCE OF CREDIT.—There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $500 ($400 in the case of taxable years beginning in 1998). ‘‘(b) LIMITATION BASED ON ADJUSTED GROSS INCOME.— ‘‘(1) IN GENERAL.—The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term ‘modified adjusted gross income’ means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ‘‘(2) THRESHOLD AMOUNT.—For purposes of paragraph (1), the term ‘threshold amount’ means— ‘‘(A) $110,000 in the case of a joint return, ‘‘(B) $75,000 in the case of an individual who is not married, and

11 ‘‘(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ‘‘(c) QUALIFYING CHILD.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualifying child’ means any individual if— ‘‘(A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ‘‘(B) such individual has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ‘‘(C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ‘‘(2) EXCEPTION FOR CERTAIN NONCITIZENS.—The term ‘qualifying child’ shall not include any individual who would not be a dependent if the first sentence of section 152(b)(3) were applied without regard to all that follows ‘resident of the United States’. ‘‘(d) ADDITIONAL CREDIT FOR FAMILIES WITH 3 OR MORE CHILDREN.— ‘‘(1) IN GENERAL.—In the case of a taxpayer with 3 or more qualifying children for any taxable year, the amount of the credit allowed under this section shall be equal to the greater of— ‘‘(A) the amount of the credit allowed under this section (without regard to this subsection and after application of the limitation under section 26), or ‘‘(B) the alternative credit amount determined under paragraph (2). ‘‘(2) ALTERNATIVE CREDIT AMOUNT.—For purposes of this subsection, the alternative credit amount is the amount of the credit which would be allowed under this section if the limitation under paragraph (3) were applied in lieu of the limitation under section 26. ‘‘(3) LIMITATION.—The limitation under this paragraph for any taxable year is the limitation under section 26 (without regard to this subsection)— ‘‘(A) increased by the taxpayer’s social security taxes for such taxable year, and ‘‘(B) reduced by the sum of— ‘‘(i) the credits allowed under this part other than under subpart C or this section, and ‘‘(ii) the credit allowed under section 32 without regard to subsection (m) thereof. ‘‘(4) UNUSED CREDIT TO BE REFUNDABLE.—If the amount of the credit under paragraph (1)(B) exceeds the amount of the credit under paragraph (1)(A), such excess shall be treated as a credit to which subpart C applies. The rule of section 32(h) shall apply to such excess. ‘‘(5) SOCIAL SECURITY TAXES.—For purposes of paragraph (3)— ‘‘(A) IN GENERAL.—The term ‘social security taxes’ means, with respect to any taxpayer for any taxable year—

12 ‘‘(i) the amount of the taxes imposed by sections 3101 and 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ‘‘(ii) 50 percent of the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ‘‘(iii) 50 percent of the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ‘‘(B) COORDINATION WITH SPECIAL REFUND OF SOCIAL SECURITY TAXES.—The term ‘social security taxes’ shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ‘‘(C) SPECIAL RULE.—Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such subparagraph. ‘‘(e) IDENTIFICATION REQUIREMENT.—No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year. ‘‘(f) TAXABLE YEAR MUST BE FULL TAXABLE YEAR.—Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.’’. (b) SUPPLEMENTAL CREDIT.—Section 32 is amended by adding at the end the following new subsection: ‘‘(m) SUPPLEMENTAL CHILD CREDIT.— ‘‘(1) IN GENERAL.—In the case of a taxpayer with respect to whom a credit is allowed under section 24 for the taxable year, there shall be allowed as a credit under this section an amount equal to the supplemental child credit (if any) determined for such taxpayer for such taxable year under paragraph (2). Such credit shall be in addition to the credit allowed under subsection (a). ‘‘(2) SUPPLEMENTAL CHILD CREDIT.—For purposes of this subsection, the supplemental child credit is an amount equal to the excess (if any) of— ‘‘(A) the amount determined under section 24(d)(1)(A), over ‘‘(B) the amount determined under section 24(d)(1)(B). The amounts referred to in subparagraphs (A) and (B) shall be determined as if section 24(d) applied to all taxpayers. ‘‘(3) COORDINATION WITH SECTION 24.—The amount of the credit under section 24 shall be reduced by the amount of the credit allowed under this subsection.’’ (c) HIGH RISK POOLS PERMITTED TO COVER SPOUSES AND DEPENDENTS OF HIGH RISK INDIVIDUALS.—Paragraph (26) of section 501(c) is amended by adding at the end the following flush sentence:

13 ‘‘A spouse and any qualifying child (as defined in section 24(c)) of an individual described in subparagraph (B) (without regard to this sentence) shall be treated as described in subparagraph (B).’’. (d) CONFORMING AMENDMENTS.— (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end ‘‘, or enacted by the Taxpayer Relief Act of 1997’’. (2) Paragraph (2) of section 6213(g) (relating to the definition of mathematical or clerical errors) is amended by striking ‘‘and’’ at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ‘‘, and’’, and by inserting after subparagraph (H) the following new subparagraph: ‘‘(I) an omission of a correct TIN required under section 24(e) (relating to child tax credit) to be included on a return.’’. (3) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 23 the following new item:
‘‘Sec. 24. Child tax credit.’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

TITLE II—EDUCATION INCENTIVES Subtitle A—Tax Benefits Relating to Education Expenses
SEC. 201. HOPE AND LIFETIME LEARNING CREDITS.

(a) IN GENERAL.—Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 25 the following new section:
‘‘SEC. 25A. HOPE AND LIFETIME LEARNING CREDITS.

‘‘(a) ALLOWANCE OF CREDIT.—In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to the sum of— ‘‘(1) the Hope Scholarship Credit, plus ‘‘(2) the Lifetime Learning Credit. ‘‘(b) HOPE SCHOLARSHIP CREDIT.— ‘‘(1) PER STUDENT CREDIT.—In the case of any eligible student for whom an election is in effect under this section for any taxable year, the Hope Scholarship Credit is an amount equal to the sum of— ‘‘(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $1,000, plus ‘‘(B) 50 percent of such expenses so paid as exceeds $1,000 but does not exceed the applicable limit.

14 ‘‘(2) LIMITATIONS
IT.— APPLICABLE TO HOPE SCHOLARSHIP CRED-

‘‘(A) CREDIT ALLOWED ONLY FOR 2 TAXABLE YEARS.—An election to have this section apply with respect to any eligible student for purposes of the Hope Scholarship Credit under subsection (a)(1) may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such student for any 2 prior taxable years. ‘‘(B) CREDIT ALLOWED FOR YEAR ONLY IF INDIVIDUAL IS AT LEAST 1⁄2 TIME STUDENT FOR PORTION OF YEAR.—The Hope Scholarship Credit under subsection (a)(1) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. ‘‘(C) CREDIT ALLOWED ONLY FOR FIRST 2 YEARS OF POSTSECONDARY EDUCATION.—The Hope Scholarship Credit under subsection (a)(1) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) the first 2 years of postsecondary education at an eligible educational institution. ‘‘(D) DENIAL OF CREDIT IF STUDENT CONVICTED OF A FELONY DRUG OFFENSE.—The Hope Scholarship Credit under subsection (a)(1) shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends. ‘‘(3) ELIGIBLE STUDENT.—For purposes of this subsection, the term ‘eligible student’ means, with respect to any academic period, a student who— ‘‘(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ‘‘(B) is carrying at least 1⁄2 the normal full-time work load for the course of study the student is pursuing. ‘‘(4) APPLICABLE LIMIT.—For purposes of paragraph (1)(B), the applicable limit for any taxable year is an amount equal to 2 times the dollar amount in effect under paragraph (1)(A) for such taxable year. ‘‘(c) LIFETIME LEARNING CREDIT.— ‘‘(1) PER TAXPAYER CREDIT.—The Lifetime Learning Credit for any taxpayer for any taxable year is an amount equal to 20 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year) as does not exceed $10,000 ($5,000 in the case of taxable years beginning before January 1, 2003). ‘‘(2) SPECIAL RULES FOR DETERMINING EXPENSES.—

15 ‘‘(A) COORDINATION WITH HOPE SCHOLARSHIP.—The qualified tuition and related expenses with respect to an individual who is an eligible student for whom a Hope Scholarship Credit under subsection (a)(1) is allowed for the taxable year shall not be taken into account under this subsection. ‘‘(B) EXPENSES ELIGIBLE FOR LIFETIME LEARNING CREDIT.—For purposes of paragraph (1), qualified tuition and related expenses shall include expenses described in subsection (f)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual. ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.— ‘‘(1) IN GENERAL.—The amount which would (but for this subsection) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ‘‘(2) AMOUNT OF REDUCTION.—The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as— ‘‘(A) the excess of— ‘‘(i) the taxpayer’s modified adjusted gross income for such taxable year, over ‘‘(ii) $40,000 ($80,000 in the case of a joint return), bears to ‘‘(B) $10,000 ($20,000 in the case of a joint return). ‘‘(3) MODIFIED ADJUSTED GROSS INCOME.—The term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ‘‘(e) ELECTION TO HAVE SECTION APPLY.— ‘‘(1) IN GENERAL.—No credit shall be allowed under subsection (a) for a taxable year with respect to the qualified tuition and related expenses of an individual unless the taxpayer elects to have this section apply with respect to such individual for such year. ‘‘(2) COORDINATION WITH EXCLUSIONS.—An election under this subsection shall not take effect with respect to an individual for any taxable year if any portion of any distribution during such taxable year from an education individual retirement account is excluded from gross income under section 530(d)(2). ‘‘(f) DEFINITIONS.—For purposes of this section— ‘‘(1) QUALIFIED TUITION AND RELATED EXPENSES.— ‘‘(A) IN GENERAL.—The term ‘qualified tuition and related expenses’ means tuition and fees required for the enrollment or attendance of— ‘‘(i) the taxpayer, ‘‘(ii) the taxpayer’s spouse, or ‘‘(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.

16 ‘‘(B) EXCEPTION FOR EDUCATION INVOLVING SPORTS, ETC.—Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. ‘‘(C) EXCEPTION FOR NONACADEMIC FEES.—Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual’s academic course of instruction. ‘‘(2) ELIGIBLE EDUCATIONAL INSTITUTION.—The term ‘eligible educational institution’ means an institution— ‘‘(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ‘‘(B) which is eligible to participate in a program under title IV of such Act. ‘‘(g) SPECIAL RULES.— ‘‘(1) IDENTIFICATION REQUIREMENT.—No credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. ‘‘(2) ADJUSTMENT FOR CERTAIN SCHOLARSHIPS, ETC.—The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (b), (c), and (d)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— ‘‘(A) a qualified scholarship which is excludable from gross income under section 117, ‘‘(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ‘‘(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual’s educational expenses, or attributable to such individual’s enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ‘‘(3) TREATMENT OF EXPENSES PAID BY DEPENDENT.—If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— ‘‘(A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and ‘‘(B) qualified tuition and related expenses paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. ‘‘(4) TREATMENT OF CERTAIN PREPAYMENTS.—If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the

17 first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ‘‘(5) DENIAL OF DOUBLE BENEFIT.—No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ‘‘(6) NO CREDIT FOR MARRIED INDIVIDUALS FILING SEPARATE RETURNS.—If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. ‘‘(7) NONRESIDENT ALIENS.—If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ‘‘(h) INFLATION ADJUSTMENTS.— ‘‘(1) DOLLAR LIMITATION ON AMOUNT OF CREDIT.— ‘‘(A) IN GENERAL.—In the case of a taxable year beginning after 2001, each of the $1,000 amounts under subsection (b)(1) shall be increased by an amount equal to— ‘‘(i) such dollar amount, multiplied by ‘‘(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2000’ for ‘calendar year 1992’ in subparagraph (B) thereof. ‘‘(B) ROUNDING.—If any amount as adjusted under subparagraph (A) is not a multiple of $1,000 such amount shall be rounded to the next lowest multiple of $1,000. ‘‘(2) INCOME LIMITS.— ‘‘(A) IN GENERAL.—In the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2) shall each be increased by an amount equal to— ‘‘(i) such dollar amount, multiplied by ‘‘(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2000’ for ‘calendar year 1992’ in subparagraph (B) thereof. ‘‘(B) ROUNDING.—If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ‘‘(i) REGULATIONS.—The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.’’. (b) EXTENSION OF PROCEDURES APPLICABLE TO MATHEMATICAL OR CLERICAL ERRORS.—Paragraph (2) of section 6213(g) (relating to the definition of mathematical or clerical errors), as amended by section 101, is amended by striking ‘‘and’’ at the end of subpara-

18 graph (H), by striking the period at the end of subparagraph (I) and inserting ‘‘, and’’, and by inserting after subparagraph (I) the following new subparagraph: ‘‘(J) an omission of a correct TIN required under section 25A(g)(1) (relating to higher education tuition and related expenses) to be included on a return.’’. (c) RETURNS RELATING TO TUITION AND RELATED EXPENSES.— (1) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following new section:
‘‘SEC. 6050S. RETURNS RELATING TO HIGHER EDUCATION TUITION AND RELATED EXPENSES.

‘‘(a) IN GENERAL.—Any person— ‘‘(1) which is an eligible educational institution which receives payments for qualified tuition and related expenses with respect to any individual for any calendar year, or ‘‘(2) which is engaged in a trade or business and which, in the course of such trade or business, makes payments during any calendar year to any individual which constitute reimbursements or refunds (or similar amounts) of qualified tuition and related expenses of such individual, shall make the return described in subsection (b) with respect to the individual at such time as the Secretary may by regulations prescribe. ‘‘(b) FORM AND MANNER OF RETURNS.—A return is described in this subsection if such return— ‘‘(1) is in such form as the Secretary may prescribe, ‘‘(2) contains— ‘‘(A) the name, address, and TIN of the individual with respect to whom payments described in subsection (a) were received from (or were paid to), ‘‘(B) the name, address, and TIN of any individual certified by the individual described in subparagraph (A) as the taxpayer who will claim the individual as a dependent for purposes of the deduction allowable under section 151 for any taxable year ending with or within the calendar year, and ‘‘(C) the— ‘‘(i) aggregate amount of payments for qualified tuition and related expenses received with respect to the individual described in subparagraph (A) during the calendar year, and ‘‘(ii) aggregate amount of reimbursements or refunds (or similar amounts) paid to such individual during the calendar year, and ‘‘(D) such other information as the Secretary may prescribe. ‘‘(c) APPLICATION TO GOVERNMENTAL UNITS.—For purposes of this section— ‘‘(1) a governmental unit or any agency or instrumentality thereof shall be treated as a person, and

19 ‘‘(2) any return required under subsection (a) by such governmental entity shall be made by the officer or employee appropriately designated for the purpose of making such return. ‘‘(d) STATEMENTS TO BE FURNISHED TO INDIVIDUALS WITH RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return under subparagraph (A) or (B) of subsection (b)(2) a written statement showing— ‘‘(1) the name, address, and phone number of the information contact of the person required to make such return, and ‘‘(2) the aggregate amounts described in subparagraph (C) of subsection (b)(2). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ‘‘(e) DEFINITIONS.—For purposes of this section, the terms ‘eligible educational institution’ and ‘qualified tuition and related expenses’ have the meanings given such terms by section 25A. ‘‘(f) RETURNS WHICH WOULD BE REQUIRED TO BE MADE BY 2 OR MORE PERSONS.—Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a). ‘‘(g) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. No penalties shall be imposed under part II of subchapter B of chapter 68 with respect to any return or statement required under this section until such time as such regulations are issued.’’. (2) ASSESSABLE PENALTIES.— (A) Subparagraph (B) of section 6724(d)(1) (relating to definitions) is amended by redesignating clauses (ix) through (xiv) as clauses (x) through (xv), respectively, and by inserting after clause (viii) the following new clause: ‘‘(ix) section 6050S (relating to returns relating to payments for qualified tuition and related expenses),’’. (B) Paragraph (2) of section 6724(d) is amended by striking ‘‘or’’ at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ‘‘, or’’, and by adding at the end the following new subparagraph: ‘‘(Z) section 6050S(d) (relating to returns relating to qualified tuition and related expenses).’’. (3) CLERICAL AMENDMENT.—The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6050R the following new item:
‘‘Sec. 6050S. Returns relating to higher education tuition and related expenses.’’.

(d) COORDINATION WITH SECTION 135.—Subsection (d) of section 135 is amended by redesignating paragraphs (2) and (3) as

20 paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ‘‘(2) COORDINATION WITH HIGHER EDUCATION CREDIT.—The amount of the qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.’’. (e) CLERICAL AMENDMENT.—The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25 the following new item:
‘‘Sec. 25A. Higher education tuition and related expenses.’’.

(f) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to expenses paid after December 31, 1997 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. (2) LIFETIME LEARNING CREDIT.—Section 25A(a)(2) of the Internal Revenue Code of 1986 shall apply to expenses paid after June 30, 1998 (in taxable years ending after such date), for education furnished in academic periods beginning after such dates.
SEC. 202. DEDUCTION FOR INTEREST ON EDUCATION LOANS.

(a) IN GENERAL.—Part VII of subchapter B of chapter 1 (relating to additional itemized deductions for individuals) is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section:
‘‘SEC. 221. INTEREST ON EDUCATION LOANS.

‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ‘‘(b) MAXIMUM DEDUCTION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the deduction allowed by subsection (a) for the taxable year shall not exceed the amount determined in accordance with the following table:
‘‘In the case of taxable years beginning in: 1998 ....................................................................................... 1999 ....................................................................................... 2000 ....................................................................................... 2001 or thereafter ................................................................. The dollar amount is: $1,000 $1,500 $2,000 $2,500.

‘‘(2) LIMITATION
COME.—

BASED ON MODIFIED ADJUSTED GROSS IN-

‘‘(A) IN GENERAL.—The amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B). ‘‘(B) AMOUNT OF REDUCTION.—The amount determined under this subparagraph is the amount which bears the

21 same ratio to the amount which would be so taken into account as— ‘‘(i) the excess of— ‘‘(I) the taxpayer’s modified adjusted gross income for such taxable year, over ‘‘(II) $40,000 ($60,000 in the case of a joint return), bears to ‘‘(ii) $15,000. ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.—The term ‘modified adjusted gross income’ means adjusted gross income determined— ‘‘(i) without regard to this section and sections 135, 137, 911, 931, and 933, and ‘‘(ii) after application of sections 86, 219, and 469. For purposes of sections 86, 135, 137, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ‘‘(c) DEPENDENTS NOT ELIGIBLE FOR DEDUCTION.—No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual’s taxable year begins. ‘‘(d) LIMIT ON PERIOD DEDUCTION ALLOWED.—A deduction shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ‘‘(e) DEFINITIONS.—For purposes of this section— ‘‘(1) QUALIFIED EDUCATION LOAN.—The term ‘qualified education loan’ means any indebtedness incurred to pay qualified higher education expenses— ‘‘(A) which are incurred on behalf of the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred, ‘‘(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ‘‘(C) which are attributable to education furnished during a period during which the recipient was an eligible student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term ‘qualified education loan’ shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ‘‘(2) QUALIFIED HIGHER EDUCATION EXPENSES.—The term ‘qualified higher education expenses’ means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act) at an eligible educational institution, reduced by the sum of— ‘‘(A) the amount excluded from gross income under section 127, 135, or 530 by reason of such expenses, and

22 ‘‘(B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2). For purposes of the preceding sentence, the term ‘eligible educational institution’ has the same meaning given such term by section 25A(f)(2), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible student’ has the meaning given such term by section 25A(b)(3). ‘‘(4) DEPENDENT.—The term ‘dependent’ has the meaning given such term by section 152. ‘‘(f) SPECIAL RULES.— ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ‘‘(2) MARRIED COUPLES MUST FILE JOINT RETURN.—If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. ‘‘(3) MARITAL STATUS.—Marital status shall be determined in accordance with section 7703. ‘‘(g) INFLATION ADJUSTMENTS.— ‘‘(1) IN GENERAL.—In the case of a taxable year beginning after 2002, the $40,000 and $60,000 amounts in subsection (b)(2) shall each be increased by an amount equal to— ‘‘(A) such dollar amount, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2001’ for ‘calendar year 1992’ in subparagraph (B) thereof. ‘‘(2) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000.’’. (b) DEDUCTION ALLOWED WHETHER OR NOT TAXPAYER ITEMIZES OTHER DEDUCTIONS.—Subsection (a) of section 62 is amended by inserting after paragraph (16) the following new paragraph: ‘‘(17) INTEREST ON EDUCATION LOANS.—The deduction allowed by section 221.’’. (c) REPORTING REQUIREMENT.— (1) IN GENERAL.—Section 6050S(a)(2) (relating to returns relating to higher education tuition and related expenses) is amended to read as follows: ‘‘(2) which is engaged in a trade or business and which, in the course of such trade or business— ‘‘(A) makes payments during any calendar year to any individual which constitutes reimbursements or refunds (or similar amounts) of qualified tuition and related expenses of such individual, or ‘‘(B) except as provided in regulations, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans,’’. (2) INFORMATION.—Section 6050S(b)(2) is amended—

23 (A) by inserting ‘‘or interest’’ after ‘‘payments’’ in subparagraph (A), and (B) in subparagraph (C), by striking ‘‘and’’ at the end of clause (i), by inserting ‘‘and’’ at the end of clause (ii), and by inserting after clause (ii) the following: ‘‘(iii) aggregate amount of interest received for the calendar year from such individual,’’. (3) DEFINITION.—Section 6050S(e) is amended by inserting ‘‘, and except as provided in regulations, the term ‘qualified education loan’ has the meaning given such term by section 221(e)(1)’’ after ‘‘section 25A’’. (d) CLERICAL AMENDMENT.—The table of sections for part VII of subchapter B of chapter 1 is amended by striking the last item and inserting the following new items:
‘‘Sec. 221. Interest on education loans. ‘‘Sec. 222. Cross reference.’’.

(e) EFFECTIVE DATE.—The amendments made by this section shall apply to any qualified education loan (as defined in section 221(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to— (1) any loan interest payment due and paid after December 31, 1997, and (2) the portion of the 60-month period referred to in section 221(d) of the Internal Revenue Code of 1986 (as added by this section) after December 31, 1997.
SEC. 203. PENALTY-FREE WITHDRAWALS FROM INDIVIDUAL RETIREMENT PLANS FOR HIGHER EDUCATION EXPENSES.

(a) IN GENERAL.—Paragraph (2) of section 72(t) (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ‘‘(E) DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS FOR HIGHER EDUCATION EXPENSES.—Distributions to an individual from an individual retirement plan to the extent such distributions do not exceed the qualified higher education expenses (as defined in paragraph (7)) of the taxpayer for the taxable year. Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (C), or (D) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B).’’. (b) DEFINITION.—Section 72(t) is amended by adding at the end the following new paragraph: ‘‘(7) QUALIFIED HIGHER EDUCATION EXPENSES.—For purposes of paragraph (2)(E)— ‘‘(A) IN GENERAL.—The term ‘qualified higher education expenses’ means qualified higher education expenses (as defined in section 529(e)(3)) for education furnished to— ‘‘(i) the taxpayer, ‘‘(ii) the taxpayer’s spouse, or

24 ‘‘(iii) any child (as defined in section 151(c)(3)) or grandchild of the taxpayer or the taxpayer’s spouse, at an eligible educational institution (as defined in section 529(e)(5)). ‘‘(B) COORDINATION WITH OTHER BENEFITS.—The amount of qualified higher education expenses for any taxable year shall be reduced as provided in section 25A(g)(2).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions after December 31, 1997, with respect to expenses paid after such date (in taxable years ending after such date), for education furnished in academic periods beginning after such date.

Subtitle B—Expanded Education Investment Savings Opportunities
PART I—QUALIFIED TUITION PROGRAMS
SEC. 211. MODIFICATIONS OF QUALIFIED STATE TUITION PROGRAMS.

(a) QUALIFIED HIGHER EDUCATION EXPENSES TO INCLUDE ROOM AND BOARD.—Paragraph (3) of section 529(e) (defining qualified higher education expenses) is amended to read as follows: ‘‘(3) QUALIFIED HIGHER EDUCATION EXPENSES.— ‘‘(A) IN GENERAL.—The term ‘qualified higher education expenses’ means tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution. ‘‘(B) ROOM AND BOARD INCLUDED FOR STUDENTS UNDER GUARANTEED PLANS WHO ARE AT LEAST HALF-TIME.— ‘‘(i) IN GENERAL.—In the case of an individual who is an eligible student (as defined in section 25A(b)(3)) for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified State tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(7), a designated beneficiary shall be treated as meeting the requirements of this clause. ‘‘(ii) LIMITATION.—The amount treated as qualified higher education expenses by reason of the preceding sentence shall not exceed the minimum amount (applicable to the student) included for room and board for such period in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the date of the enactment of this paragraph) for the eligible educational institution for such period.’’ (b) ADDITIONAL MODIFICATIONS.— (1) MEMBER OF FAMILY.—Paragraph (2) of section 529(e) (relating to other definitions and special rules) is amended to read as follows:

25 ‘‘(2) MEMBER OF FAMILY.—The term ‘member of the family’ means— ‘‘(A) an individual who bears a relationship to another individual which is a relationship described in paragraphs (1) through (8) of section 152(a), and ‘‘(B) the spouse of any individual described in subparagraph (A).’’. (2) ELIGIBLE EDUCATIONAL INSTITUTION.—Section 529(e) is amended by adding at the end the following: ‘‘(5) ELIGIBLE EDUCATIONAL INSTITUTION.—The term ‘eligible educational institution’ means an institution— ‘‘(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this paragraph, and ‘‘(B) which is eligible to participate in a program under title IV of such Act.’’. (3) ESTATE AND GIFT TAX TREATMENT.— (A) GIFT TAX TREATMENT.— (i) Paragraph (2) of section 529(c) is amended to read as follows: ‘‘(2) GIFT TAX TREATMENT OF CONTRIBUTIONS.—For purposes of chapters 12 and 13— ‘‘(A) IN GENERAL.—Any contribution to a qualified tuition program on behalf of any designated beneficiary— ‘‘(i) shall be treated as a completed gift to such beneficiary which is not a future interest in property, and ‘‘(ii) shall not be treated as a qualified transfer under section 2503(e). ‘‘(B) TREATMENT OF EXCESS CONTRIBUTIONS.—If the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year.’’ (ii) Paragraph (5) of section 529(c) is amended to read as follows: ‘‘(5) OTHER GIFT TAX RULES.—For purposes of chapters 12 and 13— ‘‘(A) TREATMENT OF DISTRIBUTIONS.—Except as provided in subparagraph (B), in no event shall a distribution from a qualified tuition program be treated as a taxable gift. ‘‘(B) TREATMENT OF DESIGNATION OF NEW BENEFICIARY.—The taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) only if the new beneficiary is a generation below the generation of the old beneficiary (determined in accordance with section 2651).’’. (B) ESTATE TAX TREATMENT.—Paragraph (4) of section 529(c) is amended to read as follows: ‘‘(4) ESTATE TAX TREATMENT.—

26 ‘‘(A) IN GENERAL.—No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a qualified tuition program. ‘‘(B) AMOUNTS INCLUDIBLE IN ESTATE OF DESIGNATED BENEFICIARY IN CERTAIN CASES.—Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. ‘‘(C) AMOUNTS INCLUDIBLE IN ESTATE OF DONOR MAKING EXCESS CONTRIBUTIONS.—In the case of a donor who makes the election described in paragraph (2)(B) and who dies before the close of the 5-year period referred to in such paragraph, notwithstanding subparagraph (A), the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor.’’ (4) PROHIBITION AGAINST INVESTMENT DIRECTION.—Section 529(b)(5) is amended by inserting ‘‘directly or indirectly’’ after ‘‘may not’’. (c) COORDINATION WITH EDUCATION SAVINGS BOND.—Section 135(c)(2) (defining qualified higher education expenses) is amended by adding at the end the following: ‘‘(C) CONTRIBUTIONS TO QUALIFIED STATE TUITION PROGRAM.—Such term shall include any contribution to a qualified State tuition program (as defined in section 529) on behalf of a designated beneficiary (as defined in such section) who is an individual described in subparagraph (A); but there shall be no increase in the investment in the contract for purposes of applying section 529(c)(3)(A) by reason of any portion of such contribution which is not includible in gross income by reason of this subparagraph.’’. (d) CLARIFICATION OF TAXATION OF DISTRIBUTIONS.—Subparagraph (A) of section 529(c)(3) is amended by striking ‘‘section 72’’ and inserting ‘‘section 72(b)’’. (e) TECHNICAL AMENDMENTS.— (1)(A) The heading for part VIII of subchapter F of chapter 1 is amended to read as follows:

‘‘PART VIII—HIGHER EDUCATION SAVINGS ENTITIES’’.
(B) The table of parts for subchapter F of chapter 1 is amended by striking the item relating to part VIII and inserting:
‘‘Part VIII. Higher education savings entities.’’.

(2)(A) Section 529(d) is amended to read as follows: ‘‘(d) REPORTS.—Each officer or employee having control of the qualified State tuition program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.’’.

27 (B) Paragraph (2) of section 6693(a) (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ‘‘and’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(C) Section 529(d) (relating to qualified State tuition programs).’’. (C) The section heading for section 6693 is amended by striking ‘‘INDIVIDUAL RETIREMENT’’ and inserting ‘‘CERTAIN TAX-FAVORED’’. (D) The item relating to section 6693 in the table of sections for part I of subchapter B of chapter 68 is amended by striking ‘‘individual retirement’’ and inserting ‘‘certain tax-favored’’. (f) EFFECTIVE DATES.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect on January 1, 1998. (2) EXPENSES TO INCLUDE ROOM AND BOARD.—The amendment made by subsection (a) shall take effect as if included in the amendments made by section 1806 of the Small Business Job Protection Act of 1996. (3) ELIGIBLE EDUCATIONAL INSTITUTION.—The amendment made by subsection (b)(2) shall apply to distributions after December 31, 1997, with respect to expenses paid after such date (in taxable years ending after such date), for education furnished in academic periods beginning after such date. (4) COORDINATION WITH EDUCATION SAVINGS BONDS.—The amendment made by subsection (c) shall apply to taxable years beginning after December 31, 1997. (5) ESTATE AND GIFT TAX CHANGES.— (A) GIFT TAX CHANGES.—Paragraphs (2) and (5) of section 529(c) of the Internal Revenue Code of 1986, as amended by this section, shall apply to transfers (including designations of new beneficiaries) made after the date of the enactment of this Act. (B) ESTATE TAX CHANGES.—Paragraph (4) of such section 529(c) shall apply to estates of decedents dying after June 8, 1997. (6) TRANSITION RULE FOR PRE-AUGUST 20, 1996 CONTRACTS.—In the case of any contract issued prior to August 20, 1996, section 529(c)(3)(C) of the Internal Revenue Code of 1986 shall be applied for taxable years ending after August 20, 1996, without regard to the requirement that a distribution be transferred to a member of the family or the requirement that a change in beneficiaries may be made only to a member of the family.

28

PART II—EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS
SEC. 213. EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.

(a) IN GENERAL.—Part VIII of subchapter F of chapter 1 (relating to qualified State tuition programs) is amended by adding at the end the following new section:
‘‘SEC. 530. EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.

‘‘(a) GENERAL RULE.—An education individual retirement account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the education individual retirement account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— ‘‘(1) EDUCATION INDIVIDUAL RETIREMENT ACCOUNT.—The term ‘education individual retirement account’ means a trust created or organized in the United States exclusively for the purpose of paying the qualified higher education expenses of the designated beneficiary of the trust (and designated as an education individual retirement account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ‘‘(A) No contribution will be accepted— ‘‘(i) unless it is in cash, ‘‘(ii) after the date on which such beneficiary attains age 18, or ‘‘(iii) except in the case of rollover contributions, if such contribution would result in aggregate contributions for the taxable year exceeding $500. ‘‘(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ‘‘(C) No part of the trust assets will be invested in life insurance contracts. ‘‘(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ‘‘(E) Upon the death of the designated beneficiary, any balance to the credit of the beneficiary shall be distributed within 30 days after the date of death to the estate of such beneficiary. ‘‘(2) QUALIFIED HIGHER EDUCATION EXPENSES.— ‘‘(A) IN GENERAL.—The term ‘qualified higher education expenses’ has the meaning given such term by section 529(e)(3), reduced as provided in section 25A(g)(2). ‘‘(B) QUALIFIED STATE TUITION PROGRAMS.—Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an ac-

29 count, under a qualified State tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account. ‘‘(3) ELIGIBLE EDUCATIONAL INSTITUTION.—The term ‘eligible educational institution’ has the meaning given such term by section 529(e)(5). ‘‘(c) REDUCTION IN PERMITTED CONTRIBUTIONS BASED ON ADJUSTED GROSS INCOME.— ‘‘(1) IN GENERAL.—The maximum amount which a contributor could otherwise make to an account under this section shall be reduced by an amount which bears the same ratio to such maximum amount as— ‘‘(A) the excess of— ‘‘(i) the contributor’s modified adjusted gross income for such taxable year, over ‘‘(ii) $95,000 ($150,000 in the case of a joint return), bears to ‘‘(B) $15,000 ($10,000 in the case of a joint return). ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.—For purposes of paragraph (1), the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ‘‘(d) TAX TREATMENT OF DISTRIBUTIONS.— ‘‘(1) IN GENERAL.—Any distribution shall be includible in the gross income of the distributee in the manner as provided in section 72(b). ‘‘(2) DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION EXPENSES.— ‘‘(A) IN GENERAL.—No amount shall be includible in gross income under paragraph (1) if the qualified higher education expenses of the designated beneficiary during the taxable year are not less than the aggregate distributions during the taxable year. ‘‘(B) DISTRIBUTIONS IN EXCESS OF EXPENSES.—If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified higher education expenses bear to such aggregate distributions. ‘‘(C) ELECTION TO WAIVE EXCLUSION.—A taxpayer may elect to waive the application of this paragraph for any taxable year. ‘‘(3) SPECIAL RULES FOR APPLYING ESTATE AND GIFT TAXES WITH RESPECT TO ACCOUNT.—Rules similar to the rules of paragraphs (2), (4), and (5) of section 529(c) shall apply for purposes of this section. ‘‘(4) ADDITIONAL TAX FOR DISTRIBUTIONS NOT USED FOR EDUCATIONAL EXPENSES.— ‘‘(A) IN GENERAL.—The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from an education individual retirement ac-

30 count which is includible in gross income shall be increased by 10 percent of the amount which is so includible. ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall not apply if the payment or distribution is— ‘‘(i) made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary, ‘‘(ii) attributable to the designated beneficiary’s being disabled (within the meaning of section 72(m)(7)), or ‘‘(iii) made on account of a scholarship, allowance, or payment described in section 25A(g)(2) received by the account holder to the extent the amount of the payment or distribution does not exceed the amount of the scholarship, allowance, or payment. ‘‘(C) EXCESS CONTRIBUTIONS RETURNED BEFORE DUE DATE OF RETURN.—Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of a designated beneficiary to the extent that such contribution exceeds $500 if— ‘‘(i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such contributor’s return for such taxable year, and ‘‘(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in gross income for the taxable year in which such excess contribution was made. ‘‘(5) ROLLOVER CONTRIBUTIONS.—Paragraph (1) shall not apply to any amount paid or distributed from an education individual retirement account to the extent that the amount received is paid into another education individual retirement account for the benefit of the same beneficiary or a member of the family (within the meaning of section 529(e)(2)) of such beneficiary not later than the 60th day after the date of such payment or distribution. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ‘‘(6) CHANGE IN BENEFICIARY.—Any change in the beneficiary of an education individual retirement account shall not be treated as a distribution for purposes of paragraph (1) if the new beneficiary is a member of the family (as so defined) of the old beneficiary. ‘‘(7) SPECIAL RULES FOR DEATH AND DIVORCE.—Rules similar to the rules of paragraphs (7) and (8) of section 220(f) shall apply. ‘‘(e) TAX TREATMENT OF ACCOUNTS.—Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any education individual retirement account. ‘‘(f) COMMUNITY PROPERTY LAWS.—This section shall be applied without regard to any community property laws.

31 ‘‘(g) CUSTODIAL ACCOUNTS.—For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an account described in subsection (b)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ‘‘(h) REPORTS.—The trustee of an education individual retirement account shall make such reports regarding such account to the Secretary and to the beneficiary of the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required.’’. (b) TAX ON PROHIBITED TRANSACTIONS.— (1) IN GENERAL.—Paragraph (1) of section 4975(e) (relating to prohibited transactions) is amended by striking ‘‘or’’ at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ‘‘(E) an education individual retirement account described in section 530, or’’. (2) SPECIAL RULE.—Subsection (c) of section 4975 is amended by adding at the end of subsection (c) the following new paragraph: ‘‘(5) SPECIAL RULE FOR EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.—An individual for whose benefit an education individual retirement account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 530(d) applies with respect to such transaction.’’. (c) FAILURE TO PROVIDE REPORTS ON EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.—Paragraph (2) of section 6693(a) (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ‘‘and’’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(D) Section 530(h) (relating to education individual retirement accounts).’’. (d) TAX ON EXCESS CONTRIBUTIONS.— (1) IN GENERAL.—Subsection (a) of section 4973 is amended by striking ‘‘or’’ at the end of paragraph (2), by adding ‘‘or’’ at the end of paragraph (3), and by inserting after paragraph (3) the following new paragraph: ‘‘(4) an education individual retirement account (as defined in section 530),’’. (2) EXCESS CONTRIBUTIONS DEFINED.—Section 4973 is amended by adding at the end the following new subsection:

32
MENT

‘‘(e) EXCESS CONTRIBUTIONS TO EDUCATION INDIVIDUAL RETIREACCOUNTS.—For purposes of this section— ‘‘(1) IN GENERAL.—In the case of education individual retirement accounts maintained for the benefit of any 1 beneficiary, the term ‘excess contributions’ means— ‘‘(A) the amount by which the amount contributed for the taxable year to such accounts exceeds $500, and ‘‘(B) any amount contributed to such accounts for any taxable year if any amount is contributed during such year to a qualified State tuition program for the benefit of such beneficiary. ‘‘(2) SPECIAL RULES.—For purposes of paragraph (1), the following contributions shall not be taken into account: ‘‘(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ‘‘(B) Any contribution described in section 530(b)(2)(B) to a qualified State tuition program. ‘‘(C) Any rollover contribution.’’. (e) TECHNICAL AMENDMENTS.— (1) Section 26(b)(2) is amended by redesignating subparagraphs (E) through (P) as subparagraphs (F) through (Q), respectively, and by inserting after subparagraph (D) the following new subparagraph: ‘‘(E) section 530(d)(3) (relating to additional tax on certain distributions from education individual retirement accounts),’’. (2) Subparagraph (C) of section 135(c)(2), as added by the preceding section, is amended by inserting ‘‘, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,’’ after ‘‘(as defined in such section)’’. (3) The table of sections for part VIII of subchapter F of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 530. Education individual retirement accounts.’’.

(f) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Subtitle C—Other Education Initiatives
SEC. 221. EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.

(a) IN GENERAL.—Subsection (d) of section 127 (relating to educational assistance programs) is amended to read as follows: ‘‘(d) TERMINATION.—This section shall not apply to expenses paid with respect to courses beginning after May 31, 2000.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1996.
SEC. 222. REPEAL OF LIMITATION ON QUALIFIED 501(c)(3) BONDS OTHER THAN HOSPITAL BONDS.

Section 145(b) (relating to qualified 501(c)(3) bond) is amended by adding at the end the following new paragraph:

33 ‘‘(5) TERMINATION OF LIMITATION.—This subsection shall not apply with respect to bonds issued after the date of the enactment of this paragraph as part of an issue 95 percent or more of the net proceeds of which are to be used to finance capital expenditures incurred after such date.’’.
SEC. 223. INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES.

(a) IN GENERAL.—Section 148(f)(4)(D) (relating to exception for governmental units issuing $5,000,000 or less of bonds) is amended by adding at the end the following new clause: ‘‘(vii) INCREASE IN EXCEPTION FOR BONDS FINANCING PUBLIC SCHOOL CAPITAL EXPENDITURES.—Each of the $5,000,000 amounts in the preceding provisions of this subparagraph shall be increased by the lesser of $5,000,000 or so much of the aggregate face amount of the bonds as are attributable to financing the construction (within the meaning of subparagraph (C)(iv)) of public school facilities.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to bonds issued after December 31, 1997.
SEC. 224. CONTRIBUTIONS OF COMPUTER TECHNOLOGY AND EQUIPMENT FOR ELEMENTARY OR SECONDARY SCHOOL PURPOSES.

COMPUTER TECHNOLOGY AND EQUIPSECONDARY SCHOOL PURPOSES.—Subsection (e) of section 170 is amended by adding at the end the following new paragraph: ‘‘(6) SPECIAL RULE FOR CONTRIBUTIONS OF COMPUTER TECHNOLOGY AND EQUIPMENT FOR ELEMENTARY OR SECONDARY SCHOOL PURPOSES.— ‘‘(A) LIMIT ON REDUCTION.—In the case of a qualified

(a) CONTRIBUTIONS OF MENT FOR ELEMENTARY OR

elementary or secondary educational contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ‘‘(B) QUALIFIED ELEMENTARY OR SECONDARY EDUCATIONAL CONTRIBUTION.—For purposes of this paragraph, the term ‘qualified elementary or secondary educational contribution’ means a charitable contribution by a corporation of any computer technology or equipment, but only if— ‘‘(i) the contribution is to— ‘‘(I) an educational organization described in subsection (b)(1)(A)(ii), or ‘‘(II) an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting elementary and secondary education, ‘‘(ii) the contribution is made not later than 2 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed),

34 ‘‘(iii) the original use of the property is by the donor or the donee, ‘‘(iv) substantially all of the use of the property by the donee is for use within the United States for educational purposes in any of the grades K–12 that are related to the purpose or function of the organization or entity, ‘‘(v) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ‘‘(vi) the property will fit productively into the entity’s education plan, and ‘‘(vii) the entity’s use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v). ‘‘(C) CONTRIBUTION TO PRIVATE FOUNDATION.—A contribution by a corporation of any computer technology or equipment to a private foundation (as defined in section 509) shall be treated as a qualified elementary or secondary educational contribution for purposes of this paragraph if— ‘‘(i) the contribution to the private foundation satisfies the requirements of clauses (ii) and (v) of subparagraph (B), and ‘‘(ii) within 30 days after such contribution, the private foundation— ‘‘(I) contributes the property to an entity described in clause (i) of subparagraph (B) that satisfies the requirements of clauses (iv) through (vii) of subparagraph (B), and ‘‘(II) notifies the donor of such contribution. ‘‘(D) SPECIAL RULE RELATING TO CONSTRUCTION OF PROPERTY.—For the purposes of this paragraph, the rules of paragraph (4)(C) shall apply. ‘‘(E) DEFINITIONS.—For the purposes of this paragraph— ‘‘(i) COMPUTER TECHNOLOGY OR EQUIPMENT.—The term ‘computer technology or equipment’ means computer software (as defined by section 197(e)(3)(B)), computer or peripheral equipment (as defined by section 168(i)(2)(B)), and fiber optic cable related to computer use. ‘‘(ii) CORPORATION.—The term ‘corporation’ has the meaning given to such term by paragraph (4)(D). ‘‘(F) TERMINATION.—This paragraph shall not apply to any contribution made during any taxable year beginning after December 31, 1999.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 225. TREATMENT OF CANCELLATION OF CERTAIN STUDENT LOANS.

(a) CERTAIN LOANS BY EXEMPT ORGANIZATIONS.— (1) IN GENERAL.—Paragraph (2) of section 108(f) (defining student loan) is amended by striking ‘‘or’’ at the end of subpara-

35 graph (B) and by striking subparagraph (D) and inserting the following: ‘‘(D) any educational organization described in section 170(b)(1)(A)(ii) if such loan is made— ‘‘(i) pursuant to an agreement with any entity described in subparagraph (A), (B), or (C) under which the funds from which the loan was made were provided to such educational organization, or ‘‘(ii) pursuant to a program of such educational organization which is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs and under which the services provided by the students (or former students) are for or under the direction of a governmental unit or an organization described in section 501(c)(3) and exempt from tax under section 501(a). The term ‘student loan’ includes any loan made by an educational organization so described or by an organization exempt from tax under section 501(a) to refinance a loan meeting the requirements of the preceding sentence.’’. (2) EXCEPTION FOR DISCHARGES ON ACCOUNT OF SERVICES PERFORMED FOR CERTAIN LENDERS.—Subsection (f) of section 108 is amended by adding at the end the following new paragraph: ‘‘(3) EXCEPTION FOR DISCHARGES ON ACCOUNT OF SERVICES PERFORMED FOR CERTAIN LENDERS.—Paragraph (1) shall not apply to the discharge of a loan made by an organization described in paragraph (2)(D) (or by an organization described in paragraph (2)(E) from funds provided by an organization described in paragraph (2)(D)) if the discharge is on account of services performed for either such organization.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act.
SEC. 226. INCENTIVES FOR EDUCATION ZONES.

(a) IN GENERAL.—Subchapter U of chapter 1 (relating to additional incentives for empowerment zones) is amended by redesignating part IV as part V, by redesignating section 1397E as section 1397F, and by inserting after part III the following new part:

‘‘PART IV—INCENTIVES FOR EDUCATION ZONES
‘‘Sec. 1397E. Credit to holders of qualified zone academy bonds.’’ ‘‘SEC. 1397E. CREDIT TO HOLDERS OF QUALIFIED ZONE ACADEMY BONDS.

‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eligible taxpayer who holds a qualified zone academy bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ‘‘(b) AMOUNT OF CREDIT.—

36 ‘‘(1) IN GENERAL.—The amount of the credit determined under this subsection with respect to any qualified zone academy bond is the amount equal to the product of— ‘‘(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ‘‘(B) the face amount of the bond held by the taxpayer on the credit allowance date. ‘‘(2) DETERMINATION.—During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified zone academy bonds without discount and without interest cost to the issuer. ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.—The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— ‘‘(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ‘‘(2) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ‘‘(d) QUALIFIED ZONE ACADEMY BOND.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified zone academy bond’ means any bond issued as part of an issue if— ‘‘(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified zone academy established by an eligible local education agency, ‘‘(B) the bond is issued by a State or local government within the jurisdiction of which such academy is located, ‘‘(C) the issuer— ‘‘(i) designates such bond for purposes of this section, ‘‘(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such academy, and ‘‘(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ‘‘(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under paragraph (3). ‘‘(2) PRIVATE BUSINESS CONTRIBUTION REQUIREMENT.— ‘‘(A) IN GENERAL.—For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified zone academy has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue.

37 ‘‘(B) QUALIFIED CONTRIBUTIONS.—For purposes of subparagraph (A), the term ‘qualified contribution’ means any contribution (of a type and quality acceptable to the eligible local education agency) of— ‘‘(i) equipment for use in the qualified zone academy (including state-of-the-art technology and vocational equipment), ‘‘(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom, ‘‘(iii) services of employees as volunteer mentors, ‘‘(iv) internships, field trips, or other educational opportunities outside the academy for students, or ‘‘(v) any other property or service specified by the eligible local education agency. ‘‘(3) TERM REQUIREMENT.—During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of the bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year. ‘‘(4) QUALIFIED ZONE ACADEMY.— ‘‘(A) IN GENERAL.—The term ‘qualified zone academy’ means any public school (or academic program within a public school) which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if— ‘‘(i) such public school or program (as the case may be) is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce, ‘‘(ii) students in such public school or program (as the case may be) will be subject to the same academic standards and assessments as other students educated by the eligible local education agency, ‘‘(iii) the comprehensive education plan of such public school or program is approved by the eligible local education agency, and ‘‘(iv)(I) such public school is located in an empowerment zone or enterprise community (including any such zone or community designated after the date of the enactment of this section), or ‘‘(II) there is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the students attending such school or participating in such program (as the case may be) will be eligible

38 for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act. ‘‘(B) ELIGIBLE LOCAL EDUCATION AGENCY.—The term ‘eligible local education agency’ means any local education agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ‘‘(5) QUALIFIED PURPOSE.—The term ‘qualified purpose’ means, with respect to any qualified zone academy— ‘‘(A) rehabilitating or repairing the public school facility in which the academy is established, ‘‘(B) providing equipment for use at such academy, ‘‘(C) developing course materials for education to be provided at such academy, and ‘‘(D) training teachers and other school personnel in such academy. ‘‘(6) ELIGIBLE TAXPAYER.—The term ‘eligible taxpayer’ means— ‘‘(A) a bank (within the meaning of section 581), ‘‘(B) an insurance company to which subchapter L applies, and ‘‘(C) a corporation actively engaged in the business of lending money. ‘‘(e) LIMITATION ON AMOUNT OF BONDS DESIGNATED.— ‘‘(1) NATIONAL LIMITATION.—There is a national zone academy bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except as provided in paragraph (4), zero thereafter. ‘‘(2) ALLOCATION OF LIMITATION.—The national zone academy bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the State education agency to qualified zone academies within such State. ‘‘(3) DESIGNATION SUBJECT TO LIMITATION AMOUNT.—The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under paragraph (2) for such calendar year. ‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If for any calendar year— ‘‘(A) the limitation amount for any State, exceeds ‘‘(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified zone academies within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ‘‘(f) OTHER DEFINITIONS.—For purposes of this section— ‘‘(1) CREDIT ALLOWANCE DATE.—The term ‘credit allowance date’ means, with respect to any issue, the last day of the 1-year

39 period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ‘‘(2) BOND.—The term ‘bond’ includes any obligation. ‘‘(3) STATE.—The term ‘State’ includes the District of Columbia and any possession of the United States. ‘‘(g) CREDIT INCLUDED IN GROSS INCOME.—Gross income includes the amount of the credit allowed to the taxpayer under this section.’’ (b) CONFORMING AMENDMENTS.— (1) The table of parts for subchapter U of chapter 1 is amended by striking the last item and inserting the following:
‘‘Part IV. Incentives for education zones. ‘‘Part V. Regulations.’’

(2) The table of sections for part V, as so redesignated, is amended to read as follows:
‘‘Sec. 1397F. Regulations.’’

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to obligations issued after December 31, 1997.

TITLE III—SAVINGS AND INVESTMENT INCENTIVES Subtitle A—Retirement Savings
SEC. 301. RESTORATION OF IRA DEDUCTION FOR CERTAIN TAXPAYERS.

(a) INCREASE IN INCOME LIMITS APPLICABLE TO TICIPANTS.— (1) IN GENERAL.—Subparagraph (B) of section

ACTIVE PAR-

219(g)(3) (relating to applicable dollar amount) is amended to read as follows: ‘‘(B) APPLICABLE DOLLAR AMOUNT.—The term ‘applicable dollar amount’ means the following: ‘‘(i) In the case of a taxpayer filing a joint return:

‘‘For taxable years beThe applicable ginning in: dollar amount is: 1998 ................................................................................................... $50,000 1999 ................................................................................................... $51,000 2000 ................................................................................................... $52,000 2001 ................................................................................................... $53,000 2002 ................................................................................................... $54,000 2003 ................................................................................................... $60,000 2004 ................................................................................................... $65,000 2005 ................................................................................................... $70,000 2006 ................................................................................................... $75,000 2007 and thereafter .......................................................................... $80,000.

‘‘(ii) In the case of any other taxpayer (other than a married individual filing a separate return):
‘‘For taxable years beThe applicable ginning in: dollar amount is: 1998 ................................................................................................... $30,000 1999 ................................................................................................... $31,000 2000 ................................................................................................... $32,000 2001 ................................................................................................... $33,000

40
2002 2003 2004 2005 ................................................................................................... ................................................................................................... ................................................................................................... and thereafter .......................................................................... $34,000 $40,000 $45,000 $50,000.

‘‘(iii) In the case of a married individual filing a separate return, zero.’’. (2) INCREASE IN PHASE-OUT RANGE FOR JOINT RETURNS.— Clause (ii) of section 219(g)(2)(A) is amended by inserting ‘‘($20,000 in the case of a joint return for a taxable year beginning after December 31, 2006)’’. (b) LIMITATIONS FOR ACTIVE PARTICIPATION NOT BASED ON SPOUSE’S PARTICIPATION.—Section 219(g) (relating to limitation on deduction for active participants in certain pension plans) is amended— (1) by striking ‘‘or the individual’s spouse’’ in paragraph (1), and (2) by adding at the end the following new paragraph: ‘‘(7) SPECIAL RULE FOR CERTAIN SPOUSES.—In the case of an individual who is an active participant at no time during any plan year ending with or within the taxable year but whose spouse is an active participant for any part of any such plan year— ‘‘(A) the applicable dollar amount under paragraph (3)(B)(i) with respect to the taxpayer shall be $150,000, and ‘‘(B) the amount applicable under paragraph (2)(A)(ii) shall be $10,000.’’ (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 302. ESTABLISHMENT OF NONDEDUCTIBLE TAX-FREE INDIVIDUAL RETIREMENT ACCOUNTS.

(a) IN GENERAL.—Subpart A of part I of subchapter D of chapter 1 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section:
‘‘SEC. 408A. ROTH IRAS.

‘‘(a) GENERAL RULE.—Except as provided in this section, a Roth IRA shall be treated for purposes of this title in the same manner as an individual retirement plan. ‘‘(b) ROTH IRA.—For purposes of this title, the term ‘Roth IRA’ means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Roth IRA. Such designation shall be made in such manner as the Secretary may prescribe. ‘‘(c) TREATMENT OF CONTRIBUTIONS.— ‘‘(1) NO DEDUCTION ALLOWED.—No deduction shall be allowed under section 219 for a contribution to a Roth IRA. ‘‘(2) CONTRIBUTION LIMIT.—The aggregate amount of contributions for any taxable year to all Roth IRAs maintained for the benefit of an individual shall not exceed the excess (if any) of— ‘‘(A) the maximum amount allowable as a deduction under section 219 with respect to such individual for such taxable year (computed without regard to subsection (d)(1) or (g) of such section), over

41 ‘‘(B) the aggregate amount of contributions for such taxable year to all other individual retirement plans (other than Roth IRAs) maintained for the benefit of the individual. ‘‘(3) LIMITS BASED ON MODIFIED ADJUSTED GROSS INCOME.— ‘‘(A) DOLLAR LIMIT.—The amount determined under paragraph (2) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as— ‘‘(i) the excess of— ‘‘(I) the taxpayer’s adjusted gross income for such taxable year, over ‘‘(II) the applicable dollar amount, bears to ‘‘(ii) $15,000 ($10,000 in the case of a joint return). The rules of subparagraphs (B) and (C) of section 219(g)(2) shall apply to any reduction under this subparagraph. ‘‘(B) ROLLOVER FROM IRA.—A taxpayer shall not be allowed to make a qualified rollover contribution to a Roth IRA from an individual retirement plan other than a Roth IRA during any taxable year if— ‘‘(i) the taxpayer’s adjusted gross income for such taxable year exceeds $100,000, or ‘‘(ii) the taxpayer is a married individual filing a separate return. ‘‘(C) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) adjusted gross income shall be determined in the same manner as under section 219(g)(3), except that any amount included in gross income under subsection (d)(3) shall not be taken into account and the deduction under section 219 shall be taken into account, and ‘‘(ii) the applicable dollar amount is— ‘‘(I) in the case of a taxpayer filing a joint return, $150,000, ‘‘(II) in the case of any other taxpayer (other than a married individual filing a separate return), $95,000, and ‘‘(III) in the case of a married individual filing a separate return, zero. ‘‘(D) MARITAL STATUS.—Section 219(g)(4) shall apply for purposes of this paragraph. ‘‘(4) CONTRIBUTIONS PERMITTED AFTER AGE 701⁄2.—Contributions to a Roth IRA may be made even after the individual for whom the account is maintained has attained age 701⁄2. ‘‘(5) MANDATORY DISTRIBUTION RULES NOT TO APPLY BEFORE DEATH.—Notwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any Roth IRA: ‘‘(A) Section 401(a)(9)(A). ‘‘(B) The incidental death benefit requirements of section 401(a). ‘‘(6) ROLLOVER CONTRIBUTIONS.—

42 ‘‘(A) IN GENERAL.—No rollover contribution may be made to a Roth IRA unless it is a qualified rollover contribution. ‘‘(B) COORDINATION WITH LIMIT.—A qualified rollover contribution shall not be taken into account for purposes of paragraph (2). ‘‘(7) TIME WHEN CONTRIBUTIONS MADE.—For purposes of this section, the rule of section 219(f)(3) shall apply. ‘‘(d) DISTRIBUTION RULES.—For purposes of this title— ‘‘(1) GENERAL RULES.— ‘‘(A) EXCLUSIONS FROM GROSS INCOME.—Any qualified distribution from a Roth IRA shall not be includible in gross income. ‘‘(B) NONQUALIFIED DISTRIBUTIONS.—In applying section 72 to any distribution from a Roth IRA which is not a qualified distribution, such distribution shall be treated as made from contributions to the Roth IRA to the extent that such distribution, when added to all previous distributions from the Roth IRA, does not exceed the aggregate amount of contributions to the Roth IRA. ‘‘(2) QUALIFIED DISTRIBUTION.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘qualified distribution’ means any payment or distribution— ‘‘(i) made on or after the date on which the individual attains age 591⁄2, ‘‘(ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, ‘‘(iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or ‘‘(iv) which is a qualified special purpose distribution. ‘‘(B) CERTAIN DISTRIBUTIONS WITHIN 5 YEARS.—A payment or distribution shall not be treated as a qualified distribution under subparagraph (A) if— ‘‘(i) it is made within the 5-taxable year period beginning with the 1st taxable year for which the individual made a contribution to a Roth IRA (or such individual’s spouse made a contribution to a Roth IRA) established for such individual, or ‘‘(ii) in the case of a payment or distribution properly allocable (as determined in the manner prescribed by the Secretary) to a qualified rollover contribution from an individual retirement plan other than a Roth IRA (or income allocable thereto), it is made within the 5-taxable year period beginning with the taxable year in which the rollover contribution was made. ‘‘(3) ROLLOVERS FROM AN IRA OTHER THAN A ROTH IRA.— ‘‘(A) IN GENERAL.—Notwithstanding section 408(d)(3), in the case of any distribution to which this paragraph applies— ‘‘(i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution,

43 ‘‘(ii) section 72(t) shall not apply, and ‘‘(iii) in the case of a distribution before January 1, 1999, any amount required to be included in gross income by reason of this paragraph shall be so included ratably over the 4-taxable year period beginning with the taxable year in which the payment or distribution is made. ‘‘(B) DISTRIBUTIONS TO WHICH PARAGRAPH APPLIES.— This paragraph shall apply to a distribution from an individual retirement plan (other than a Roth IRA) maintained for the benefit of an individual which is contributed to a Roth IRA maintained for the benefit of such individual in a qualified rollover contribution. ‘‘(C) CONVERSIONS.—The conversion of an individual retirement plan (other than a Roth IRA) to a Roth IRA shall be treated for purposes of this paragraph as a distribution to which this paragraph applies. ‘‘(D) CONVERSION OF EXCESS CONTRIBUTIONS.—If, no later than the due date for filing the return of tax for any taxable year (without regard to extensions), an individual transfers, from an individual retirement plan (other than a Roth IRA), contributions for such taxable year (and any earnings allocable thereto) to a Roth IRA, no such amount shall be includible in gross income to the extent no deduction was allowed with respect to such amount. ‘‘(E) ADDITIONAL REPORTING REQUIREMENTS.—Trustees of Roth IRAs, trustees of individual retirement plans, or both, whichever is appropriate, shall include such additional information in reports required under section 408(i) as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. ‘‘(4) COORDINATION WITH INDIVIDUAL RETIREMENT ACCOUNTS.—Section 408(d)(2) shall be applied separately with respect to Roth IRAs and other individual retirement plans. ‘‘(5) QUALIFIED SPECIAL PURPOSE DISTRIBUTION.—For purposes of this section, the term ‘qualified special purpose distribution’ means any distribution to which subparagraph (F) of section 72(t)(2) applies. ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.—For purposes of this section, the term ‘qualified rollover contribution’ means a rollover contribution to a Roth IRA from another such account, or from an individual retirement plan, but only if such rollover contribution meets the requirements of section 408(d)(3). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.’’. (b) EXCESS CONTRIBUTIONS.—Section 4973(b), as amended by title II, is amended by adding at the end the following new subsection: ‘‘(f) EXCESS CONTRIBUTIONS TO ROTH IRAS.—For purposes of this section, in the case of contributions to a Roth IRA (within the meaning of section 408A(b)), the term ‘excess contributions’ means the sum of—

44 ‘‘(1) the excess (if any) of— ‘‘(A) the amount contributed for the taxable year to such accounts (other than a qualified rollover contribution described in section 408A(e)), over ‘‘(B) the amount allowable as a contribution under sections 408A (c)(2) and (c)(3), and ‘‘(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— ‘‘(A) the distributions out of the accounts for the taxable year, and ‘‘(B) the excess (if any) of the maximum amount allowable as a contribution under sections 408A (c)(2) and (c)(3) for the taxable year over the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed from a Roth IRA in a distribution described in section 408(d)(4) shall be treated as an amount not contributed.’’ (c) SPOUSAL IRA.—Clause (ii) of section 219(c)(1)(B) is amended to read as follows: ‘‘(ii) the compensation includible in the gross income of such individual’s spouse for the taxable year reduced by— ‘‘(I) the amount allowed as a deduction under subsection (a) to such spouse for such taxable year, and ‘‘(II) the amount of any contribution on behalf of such spouse to a Roth IRA under section 408A for such taxable year.’’. (d) AUTHORITY TO PRESCRIBE NECESSARY REPORTING.—Section 408(i) is amended— (1) by striking ‘‘under regulations’’, and (2) by striking ‘‘in such regulations’’ each place it appears. (e) CONFORMING AMENDMENT.—The table of sections for subpart A of part I of subchapter D of chapter 1 is amended by inserting after the item relating to section 408 the following new item:
‘‘Sec. 408A. Roth IRAs.’’.

(f) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 303. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO PURCHASE FIRST HOMES.

(a) IN GENERAL.—Paragraph (2) of section 72(t) (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans), as amended by section 203, is amended by adding at the end the following new subparagraph: ‘‘(F) DISTRIBUTIONS FROM CERTAIN PLANS FOR FIRST HOME PURCHASES.—Distributions to an individual from an individual retirement plan which are qualified first-time homebuyer distributions (as defined in paragraph (8)). Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraph (A), (C), (D), or (E) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B).’’.

45 (b) DEFINITIONS.—Section 72(t), as amended by section 203, is amended by adding at the end the following new paragraphs: ‘‘(8) QUALIFIED FIRST-TIME HOMEBUYER DISTRIBUTIONS.— For purposes of paragraph (2)(F)— ‘‘(A) IN GENERAL.—The term ‘qualified first-time homebuyer distribution’ means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 120th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual, the spouse of such individual, or any child, grandchild, or ancestor of such individual or the individual’s spouse. ‘‘(B) LIFETIME DOLLAR LIMITATION.—The aggregate amount of payments or distributions received by an individual which may be treated as qualified first-time homebuyer distributions for any taxable year shall not exceed the excess (if any) of— ‘‘(i) $10,000, over ‘‘(ii) the aggregate amounts treated as qualified first-time homebuyer distributions with respect to such individual for all prior taxable years. ‘‘(C) QUALIFIED ACQUISITION COSTS.—For purposes of this paragraph, the term ‘qualified acquisition costs’ means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ‘‘(D) FIRST-TIME HOMEBUYER; OTHER DEFINITIONS.— For purposes of this paragraph— ‘‘(i) FIRST-TIME HOMEBUYER.—The term ‘first-time homebuyer’ means any individual if— ‘‘(I) such individual (and if married, such individual’s spouse) had no present ownership interest in a principal residence during the 2-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ‘‘(II) subsection (h) or (k) of section 1034 (as in effect on the day before the date of the enactment of this paragraph) did not suspend the running of any period of time specified in section 1034 (as so in effect) with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A). ‘‘(ii) PRINCIPAL RESIDENCE.—The term ‘principal residence’ has the same meaning as when used in section 121. ‘‘(iii) DATE OF ACQUISITION.—The term ‘date of acquisition’ means the date— ‘‘(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or

46 ‘‘(II) on which construction or reconstruction of such a principal residence is commenced. ‘‘(E) SPECIAL RULE WHERE DELAY IN ACQUISITION.—If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting ‘120 days’ for ‘60 days’ in such section), except that— ‘‘(i) section 408(d)(3)(B) shall not be applied to such contribution, and ‘‘(ii) such amount shall not be taken into account in determining whether section 408(d)(3)(B) applies to any other amount.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to payments and distributions in taxable years beginning after December 31, 1997.
SEC. 304. CERTAIN BULLION NOT TREATED AS COLLECTIBLES.

(a) IN GENERAL.—Paragraph (3) of section 408(m) (relating to exception for certain coins) is amended to read as follows: ‘‘(3) EXCEPTION FOR CERTAIN COINS AND BULLION.—For purposes of this subsection, the term ‘collectible’ shall not include— ‘‘(A) any coin which is— ‘‘(i) a gold coin described in paragraph (7), (8), (9), or (10) of section 5112(a) of title 31, United States Code, ‘‘(ii) a silver coin described in section 5112(e) of title 31, United States Code, ‘‘(iii) a platinum coin described in section 5112(k) of title 31, United States Code, or ‘‘(iv) a coin issued under the laws of any State, or ‘‘(B) any gold, silver, platinum, or palladium bullion of a fineness equal to or exceeding the minimum fineness that a contract market (as described in section 7 of the Commodity Exchange Act, 7 U.S.C. 7) requires for metals which may be delivered in satisfaction of a regulated futures contract, if such bullion is in the physical possession of a trustee described under subsection (a) of this section.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.

Subtitle B—Capital Gains
SEC. 311. MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS.

(a) IN GENERAL.—Subsection (h) of section 1 (relating to maximum capital gains rate) is amended to read as follows: ‘‘(h) MAXIMUM CAPITAL GAINS RATE.— ‘‘(1) IN GENERAL.—If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of—

47 ‘‘(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of— ‘‘(i) taxable income reduced by the net capital gain, or ‘‘(ii) the lesser of— ‘‘(I) the amount of taxable income taxed at a rate below 28 percent, or ‘‘(II) taxable income reduced by the adjusted net capital gain, plus ‘‘(B) 25 percent of the excess (if any) of— ‘‘(i) the unrecaptured section 1250 gain (or, if less, the net capital gain), over ‘‘(ii) the excess (if any) of— ‘‘(I) the sum of the amount on which tax is determined under subparagraph (A) plus the net capital gain, over ‘‘(II) taxable income, plus ‘‘(C) 28 percent of the amount of taxable income in excess of the sum of— ‘‘(i) the adjusted net capital gain, plus ‘‘(ii) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), plus ‘‘(D) 10 percent of so much of the taxpayer’s adjusted net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of— ‘‘(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 28 percent, over ‘‘(ii) the taxable income reduced by the adjusted net capital gain, plus ‘‘(E) 20 percent of the taxpayer’s adjusted net capital gain (or, if less, taxable income) in excess of the amount on which a tax is determined under subparagraph (D). ‘‘(2) REDUCED CAPITAL GAIN RATES FOR QUALIFIED 5-YEAR GAIN.— ‘‘(A) REDUCTION IN 10-PERCENT RATE.—In the case of any taxable year beginning after December 31, 2000, the rate under paragraph (1)(D) shall be 8 percent with respect to so much of the amount to which the 10-percent rate would otherwise apply as does not exceed qualified 5-year gain, and 10 percent with respect to the remainder of such amount. ‘‘(B) REDUCTION IN 20-PERCENT RATE.—The rate under paragraph (1)(E) shall be 18 percent with respect to so much of the amount to which the 20-percent rate would otherwise apply as does not exceed the lesser of— ‘‘(i) the excess of qualified 5-year gain over the amount of such gain taken into account under subparagraph (A) of this paragraph, or ‘‘(ii) the amount of qualified 5-year gain (determined by taking into account only property the holding period for which begins after December 31, 2000),

48 and 20 percent with respect to the remainder of such amount. For purposes of determining under the preceding sentence whether the holding period of property begins after December 31, 2000, the holding period of property acquired pursuant to the exercise of an option (or other right or obligation to acquire property) shall include the period such option (or other right or obligation) was held. ‘‘(3) NET CAPITAL GAIN TAKEN INTO ACCOUNT AS INVESTMENT INCOME.—For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ‘‘(4) ADJUSTED NET CAPITAL GAIN.—For purposes of this subsection, the term ‘adjusted net capital gain’ means net capital gain determined without regard to— ‘‘(A) collectibles gain, ‘‘(B) unrecaptured section 1250 gain, ‘‘(C) section 1202 gain, and ‘‘(D) mid-term gain. ‘‘(5) COLLECTIBLES GAIN.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘collectibles gain’ means gain from the sale or exchange of a collectible (as defined in section 408(m) without regard to paragraph (3) thereof) which is a capital asset held for more than 1 year but only to the extent such gain is taken into account in computing gross income. ‘‘(B) PARTNERSHIPS, ETC.—For purposes of subparagraph (A), any gain from the sale of an interest in a partnership, S corporation, or trust which is attributable to unrealized appreciation in the value of collectibles shall be treated as gain from the sale or exchange of a collectible. Rules similar to the rules of section 751 shall apply for purposes of the preceding sentence. ‘‘(6) UNRECAPTURED SECTION 1250 GAIN.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘unrecaptured section 1250 gain’ means the amount of long-term capital gain which would be treated as ordinary income if— ‘‘(i) section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, and ‘‘(ii) in the case of gain properly taken into account after July 28, 1997, only gain from section 1250 property held for more than 18 months were taken into account. ‘‘(B) LIMITATION WITH RESPECT TO SECTION 1231 PROPERTY.—The amount of unrecaptured section 1250 gain from sales, exchanges, and conversions described in section 1231(a)(3)(A) for any taxable year shall not exceed the excess of the net section 1231 gain (as defined in section 1231(c)(3)) for such year over the amount treated as ordinary income under section 1231(c)(1) for such year. ‘‘(C) PRE-MAY 7, 1997, GAIN.—In the case of a taxable year which includes May 7, 1997, subparagraph (A) shall

49 be applied by taking into account only the gain properly taken into account for the portion of the taxable year after May 6, 1997. ‘‘(7) SECTION 1202 GAIN.—For purposes of this subsection, the term ‘section 1202 gain’ means an amount equal to the gain excluded from gross income under section 1202(a). ‘‘(8) MID-TERM GAIN.—For purposes of this subsection, the term ‘mid-term gain’ means the amount which would be adjusted net capital gain for the taxable year if— ‘‘(A) adjusted net capital gain were determined by taking into account only the gain or loss properly taken into account after July 28, 1997, from property held for more than 1 year but not more than 18 months, and ‘‘(B) paragraph (3) and section 1212 did not apply. ‘‘(9) QUALIFIED 5-YEAR GAIN.—For purposes of this subsection, the term ‘qualified 5-year gain’ means the amount of long-term capital gain which would be computed for the taxable year if only gains from the sale or exchange of property held by the taxpayer for more than 5 years were taken into account. The determination under the preceding sentence shall be made without regard to collectibles gain, unrecaptured section 1250 gain (determined without regard to subparagraph (B) of paragraph (6)), section 1202 gain, or mid-term gain. ‘‘(10) PRE-EFFECTIVE DATE GAIN.— ‘‘(A) IN GENERAL.—In the case of a taxable year which includes May 7, 1997, gains and losses properly taken into account for the portion of the taxable year before May 7, 1997, shall be taken into account in determining mid-term gain as if such gains and losses were described in paragraph (8)(A). ‘‘(B) SPECIAL RULES FOR PASS-THRU ENTITIES.—In applying subparagraph (A) with respect to any pass-thru entity, the determination of when gains and loss are properly taken into account shall be made at the entity level. ‘‘(C) PASS-THRU ENTITY DEFINED.—For purposes of subparagraph (B), the term ‘pass-thru entity’ means— ‘‘(i) a regulated investment company, ‘‘(ii) a real estate investment trust, ‘‘(iii) an S corporation, ‘‘(iv) a partnership, ‘‘(v) an estate or trust, and ‘‘(vi) a common trust fund. ‘‘(11) TREATMENT OF PASS-THRU ENTITIES.—The Secretary may prescribe such regulations as are appropriate (including regulations requiring reporting) to apply this subsection in the case of sales and exchanges by pass-thru entities (as defined in paragraph (10)(C)) and of interests in such entities.’’. (b) MINIMUM TAX.— (1) IN GENERAL.—Subsection (b) of section 55 is amended by adding at the end the following new paragraph: ‘‘(3) MAXIMUM RATE OF TAX ON NET CAPITAL GAIN OF NONCORPORATE TAXPAYERS.—The amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of—

50 ‘‘(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the lesser of— ‘‘(i) the net capital gain, or ‘‘(ii) the sum of— ‘‘(I) the adjusted net capital gain, plus ‘‘(II) the unrecaptured section 1250 gain, plus ‘‘(B) 25 percent of the lesser of— ‘‘(i) the unrecaptured section 1250 gain, or ‘‘(ii) the amount of taxable excess in excess of the sum of— ‘‘(I) the adjusted net capital gain, plus ‘‘(II) the amount on which a tax is determined under subparagraph (A), plus ‘‘(C) 10 percent of so much of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) as does not exceed the amount on which a tax is determined under section 1(h)(1)(D), plus ‘‘(D) 20 percent of the taxpayer’s adjusted net capital gain (or, if less, taxable excess) in excess of the amount on which tax is determined under subparagraph (C). In the case of taxable years beginning after December 31, 2000, rules similar to the rules of section 1(h)(2) shall apply for purposes of subparagraphs (C) and (D). Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h).’’. (2) CONFORMING AMENDMENTS.— (A) Clause (ii) of section 55(b)(1)(A) is amended by striking ‘‘clause (i)’’ and inserting ‘‘this subsection’’. (B) Paragraph (7) of section 57(a) is amended by striking ‘‘one-half’’ and inserting ‘‘42 percent’’. (c) OTHER CONFORMING AMENDMENTS.— (1) Paragraph (1) of section 1445(e) is amended by striking ‘‘28 percent’’ and inserting ‘‘20 percent’’. (2) The second sentence of section 7518(g)(6)(A), and the second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, are each amended by striking ‘‘28 percent’’ and inserting ‘‘20 percent’’. (3) Paragraph (2) of section 904(b) is amended by adding at the end the following new subparagraph: ‘‘(C) COORDINATION WITH CAPITAL GAINS RATES.—The Secretary may by regulations modify the application of this paragraph and paragraph (3) to the extent necessary to properly reflect any capital gain rate differential under section 1(h) or 1201(a) and the computation of net capital gain.’’. (d) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after May 6, 1997. (2) WITHHOLDING.—The amendment made by subsection (c)(1) shall apply only to amounts paid after the date of the enactment of this Act.

51
ARY

(e) ELECTION TO RECOGNIZE GAIN ON ASSETS HELD ON JANU1, 2001.—For purposes of the Internal Revenue Code of 1986— (1) IN GENERAL.—A taxpayer other than a corporation may elect to treat— (A) any readily tradable stock (which is a capital asset) held by such taxpayer on January 1, 2001, and not sold before the next business day after such date, as having been sold on such next business day for an amount equal to its closing market price on such next business day (and as having been reacquired on such next business day for an amount equal to such closing market price), and (B) any other capital asset or property used in the trade or business (as defined in section 1231(b) of the Internal Revenue Code of 1986) held by the taxpayer on January 1, 2001, as having been sold on such date for an amount equal to its fair market value on such date (and as having been reacquired on such date for an amount equal to such fair market value). (2) TREATMENT OF GAIN OR LOSS.— (A) Any gain resulting from an election under paragraph (1) shall be treated as received or accrued on the date the asset is treated as sold under paragraph (1) and shall be recognized notwithstanding any provision of the Internal Revenue Code of 1986. (B) Any loss resulting from an election under paragraph (1) shall not be allowed for any taxable year. (3) ELECTION.—An election under paragraph (1) shall be made in such manner as the Secretary of the Treasury or his delegate may prescribe and shall specify the assets for which such election is made. Such an election, once made with respect to any asset, shall be irrevocable. (4) READILY TRADABLE STOCK.—For purposes of this subsection, the term ‘‘readily tradable stock’’ means any stock which, as of January 1, 2001, is readily tradable on an established securities market or otherwise.

SEC. 312. EXEMPTION FROM TAX FOR GAIN ON SALE OF PRINCIPAL RESIDENCE.

(a) IN GENERAL.—Section 121 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows:
‘‘SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE.

‘‘(a) EXCLUSION.—Gross income shall not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer’s principal residence for periods aggregating 2 years or more. ‘‘(b) LIMITATIONS.— ‘‘(1) IN GENERAL.—The amount of gain excluded from gross income under subsection (a) with respect to any sale or exchange shall not exceed $250,000. ‘‘(2) $500,000 LIMITATION FOR CERTAIN JOINT RETURNS.— Paragraph (1) shall be applied by substituting ‘$500,000’ for ‘$250,000’ if—

52 ‘‘(A) a husband and wife make a joint return for the taxable year of the sale or exchange of the property, ‘‘(B) either spouse meets the ownership requirements of subsection (a) with respect to such property, ‘‘(C) both spouses meet the use requirements of subsection (a) with respect to such property, and ‘‘(D) neither spouse is ineligible for the benefits of subsection (a) with respect to such property by reason of paragraph (3). ‘‘(3) APPLICATION TO ONLY 1 SALE OR EXCHANGE EVERY 2 YEARS.— ‘‘(A) IN GENERAL.—Subsection (a) shall not apply to any sale or exchange by the taxpayer if, during the 2-year period ending on the date of such sale or exchange, there was any other sale or exchange by the taxpayer to which subsection (a) applied. ‘‘(B) PRE-MAY 7, 1997, SALES NOT TAKEN INTO ACCOUNT.—Subparagraph (A) shall be applied without regard to any sale or exchange before May 7, 1997. ‘‘(c) EXCLUSION FOR TAXPAYERS FAILING TO MEET CERTAIN REQUIREMENTS.— ‘‘(1) IN GENERAL.—In the case of a sale or exchange to which this subsection applies, the ownership and use requirements of subsection (a) shall not apply and subsection (b)(3) shall not apply; but the amount of gain excluded from gross income under subsection (a) with respect to such sale or exchange shall not exceed— ‘‘(A) the amount which bears the same ratio to the amount which would be so excluded under this section if such requirements had been met, as ‘‘(B) the shorter of— ‘‘(i) the aggregate periods, during the 5-year period ending on the date of such sale or exchange, such property has been owned and used by the taxpayer as the taxpayer’s principal residence, or ‘‘(ii) the period after the date of the most recent prior sale or exchange by the taxpayer to which subsection (a) applied and before the date of such sale or exchange, bears to 2 years. ‘‘(2) SALES AND EXCHANGES TO WHICH SUBSECTION APPLIES.—This subsection shall apply to any sale or exchange if— ‘‘(A) subsection (a) would not (but for this subsection) apply to such sale or exchange by reason of— ‘‘(i) a failure to meet the ownership and use requirements of subsection (a), or ‘‘(ii) subsection (b)(3), and ‘‘(B) such sale or exchange is by reason of a change in place of employment, health, or, to the extent provided in regulations, unforeseen circumstances. ‘‘(d) SPECIAL RULES.— ‘‘(1) JOINT RETURNS.—If a husband and wife make a joint return for the taxable year of the sale or exchange of the property, subsections (a) and (c) shall apply if either spouse meets

53 the ownership and use requirements of subsection (a) with respect to such property. ‘‘(2) PROPERTY OF DECEASED SPOUSE.—For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, the period such unmarried individual owned and used such property shall include the period such deceased spouse owned and used such property before death. ‘‘(3) PROPERTY OWNED BY SPOUSE OR FORMER SPOUSE.—For purposes of this section— ‘‘(A) PROPERTY TRANSFERRED TO INDIVIDUAL FROM SPOUSE OR FORMER SPOUSE.—In the case of an individual holding property transferred to such individual in a transaction described in section 1041(a), the period such individual owns such property shall include the period the transferor owned the property. ‘‘(B) PROPERTY USED BY FORMER SPOUSE PURSUANT TO DIVORCE DECREE, ETC.—Solely for purposes of this section, an individual shall be treated as using property as such individual’s principal residence during any period of ownership while such individual’s spouse or former spouse is granted use of the property under a divorce or separation instrument (as defined in section 71(b)(2)). ‘‘(4) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION.—For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then— ‘‘(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ‘‘(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ‘‘(5) INVOLUNTARY CONVERSIONS.— ‘‘(A) IN GENERAL.—For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ‘‘(B) APPLICATION OF SECTION 1033.—In applying section 1033 (relating to involuntary conversions), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to this section. ‘‘(C) PROPERTY ACQUIRED AFTER INVOLUNTARY CONVERSION.—If the basis of the property sold or exchanged is determined (in whole or in part) under section 1033(b) (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ‘‘(6) RECOGNITION OF GAIN ATTRIBUTABLE TO DEPRECIATION.—Subsection (a) shall not apply to so much of the gain from the sale of any property as does not exceed the portion of the depreciation adjustments (as defined in section 1250(b)(3))

54 attributable to periods after May 6, 1997, in respect of such property. ‘‘(7) DETERMINATION OF USE DURING PERIODS OF OUT-OFRESIDENCE CARE.—In the case of a taxpayer who— ‘‘(A) becomes physically or mentally incapable of selfcare, and ‘‘(B) owns property and uses such property as the taxpayer’s principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer’s principal residence during any time during such 5year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer’s condition. ‘‘(8) SALES OF REMAINDER INTERESTS.—For purposes of this section— ‘‘(A) IN GENERAL.—At the election of the taxpayer, this section shall not fail to apply to the sale or exchange of an interest in a principal residence by reason of such interest being a remainder interest in such residence, but this section shall not apply to any other interest in such residence which is sold or exchanged separately. ‘‘(B) EXCEPTION FOR SALES TO RELATED PARTIES.—Subparagraph (A) shall not apply to any sale to, or exchange with, any person who bears a relationship to the taxpayer which is described in section 267(b) or 707(b). ‘‘(e) DENIAL OF EXCLUSION FOR EXPATRIATES.—This section shall not apply to any sale or exchange by an individual if the treatment provided by section 877(a)(1) applies to such individual. ‘‘(f) ELECTION TO HAVE SECTION NOT APPLY.—This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply. ‘‘(g) RESIDENCES ACQUIRED IN ROLLOVERS UNDER SECTION 1034.—For purposes of this section, in the case of property the acquisition of which by the taxpayer resulted under section 1034 (as in effect on the day before the date of the enactment of this section) in the nonrecognition of any part of the gain realized on the sale or exchange of another residence, in determining the period for which the taxpayer has owned and used such property as the taxpayer’s principal residence, there shall be included the aggregate periods for which such other residence (and each prior residence taken into account under section 1223(7) in determining the holding period of such property) had been so owned and used.’’. (b) REPEAL OF NONRECOGNITION OF GAIN ON ROLLOVER OF PRINCIPAL RESIDENCE.—Section 1034 (relating to rollover of gain on sale of principal residence) is hereby repealed. (c) EXCEPTION FROM REPORTING.—Subsection (e) of section 6045 (relating to return required in the case of real estate transactions) is amended by adding at the end the following new paragraph: ‘‘(5) EXCEPTION FOR SALES OR EXCHANGES OF CERTAIN PRINCIPAL RESIDENCES.—

55 ‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to any sale or exchange of a residence for $250,000 or less if the person referred to in paragraph (2) receives written assurance in a form acceptable to the Secretary from the seller that— ‘‘(i) such residence is the principal residence (within the meaning of section 121) of the seller, ‘‘(ii) if the Secretary requires the inclusion on the return under subsection (a) of information as to whether there is federally subsidized mortgage financing assistance with respect to the mortgage on residences, that there is no such assistance with respect to the mortgage on such residence, and ‘‘(iii) the full amount of the gain on such sale or exchange is excludable from gross income under section 121. If such assurance includes an assurance that the seller is married, the preceding sentence shall be applied by substituting ‘$500,000’ for ‘$250,000’. The Secretary may by regulation increase the dollar amounts under this subparagraph if the Secretary determines that such an increase will not materially reduce revenues to the Treasury. ‘‘(B) SELLER.—For purposes of this paragraph, the term ‘seller’ includes the person relinquishing the residence in an exchange.’’. (d) CONFORMING AMENDMENTS.— (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ‘‘section 1034’’ and inserting ‘‘section 121’’: sections 25(e)(7), 56(e)(1)(A), 56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I), 280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(4), 1274(c)(3)(B), 6334(a)(13), and 7872(f)(11)(A). (2) Paragraph (4) of section 32(c) is amended by striking ‘‘(as defined in section 1034(h)(3))’’ and by adding at the end the following new sentence: ‘‘For purposes of the preceding sentence, the term ‘extended active duty’ means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.’’. (3) Subparagraph (A) of 143(m)(6) is amended by inserting ‘‘(as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997)’’ after ‘‘1034(e)’’. (4) Subsection (e) of section 216 is amended by striking ‘‘such exchange qualifies for nonrecognition of gain under section 1034(f)’’ and inserting ‘‘such dwelling unit is used as his principal residence (within the meaning of section 121)’’. (5) Section 512(a)(3)(D) is amended by inserting ‘‘(as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997)’’ after ‘‘1034’’. (6) Paragraph (7) of section 1016(a) is amended by inserting ‘‘(as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997)’’ after ‘‘1034’’ and by inserting ‘‘(as so in effect)’’ after ‘‘1034(e)’’. (7) Paragraph (3) of section 1033(k) is amended to read as follows:

56 ‘‘(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.’’. (8) Subsection (e) of section 1038 is amended to read as follows: ‘‘(e) PRINCIPAL RESIDENCES.—If— ‘‘(1) subsection (a) applies to a reacquisition of real property with respect to the sale of which gain was not recognized under section 121 (relating to gain on sale of principal residence); and ‘‘(2) within 1 year after the date of the reacquisition of such property by the seller, such property is resold by him, then, under regulations prescribed by the Secretary, subsections (b), (c), and (d) of this section shall not apply to the reacquisition of such property and, for purposes of applying section 121, the resale of such property shall be treated as a part of the transaction constituting the original sale of such property.’’. (9) Paragraph (7) of section 1223 is amended by inserting ‘‘(as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997)’’ after ‘‘1034’’. (10)(A) Subsection (d) of section 1250 is amended by striking paragraph (7) and by redesignating paragraphs (9) and (10) as paragraphs (7) and (8), respectively. (B) Subsection (e) of section 1250 is amended by striking paragraph (3). (11) Subsection (c) of section 6012 is amended by striking ‘‘(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)’’ and inserting ‘‘(relating to gain from sale of principal residence)’’. (12) Paragraph (2) of section 6212(c) is amended by striking subparagraph (C) and by redesignating the succeeding subparagraphs accordingly. (13) Section 6504 is amended by striking paragraph (4) and by redesignating the succeeding paragraphs accordingly. (14) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 is amended to read as follows:
‘‘Sec. 121. Exclusion of gain from sale of principal residence.’’.

(15) The table of sections for part III of subchapter O of chapter 1 is amended by striking the item relating to section 1034. (d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to sales and exchanges after May 6, 1997. (2) SALES BEFORE DATE OF ENACTMENT.—At the election of the taxpayer, the amendments made by this section shall not apply to any sale or exchange before the date of the enactment of this Act. (3) CERTAIN SALES WITHIN 2 YEARS AFTER DATE OF ENACTMENT.—Section 121 of the Internal Revenue Code of 1986 (as amended by this section) shall be applied without regard to subsection (c)(2)(B) thereof in the case of any sale or exchange of property during the 2-year period beginning on the date of the enactment of this Act if the taxpayer held such property on the date of the enactment of this Act and fails to meet the own-

57 ership and use requirements of subsection (a) thereof with respect to such property. (4) BINDING CONTRACTS.—At the election of the taxpayer, the amendments made by this section shall not apply to a sale or exchange after the date of the enactment of this Act, if— (A) such sale or exchange is pursuant to a contract which was binding on such date, or (B) without regard to such amendments, gain would not be recognized under section 1034 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act) on such sale or exchange by reason of a new residence acquired on or before such date or with respect to the acquisition of which by the taxpayer a binding contract was in effect on such date. This paragraph shall not apply to any sale or exchange by an individual if the treatment provided by section 877(a)(1) of the Internal Revenue Code of 1986 applies to such individual.
SEC. 313. ROLLOVER OF GAIN FROM SALE OF QUALIFIED STOCK.

(a) IN GENERAL.—Part III of subchapter O of chapter 1 is amended by adding at the end the following new section:
‘‘SEC. 1045. ROLLOVER OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK TO ANOTHER QUALIFIED SMALL BUSINESS STOCK.

‘‘(a) NONRECOGNITION OF GAIN.—In the case of any sale of qualified small business stock held by an individual for more than 6 months and with respect to which such individual elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds— ‘‘(1) the cost of any qualified small business stock purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by ‘‘(2) any portion of such cost previously taken into account under this section. This section shall not apply to any gain which is treated as ordinary income for purposes of this title. ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— ‘‘(1) QUALIFIED SMALL BUSINESS STOCK.—The term ‘qualified small business stock’ has the meaning given such term by section 1202(c). ‘‘(2) PURCHASE.—A taxpayer shall be treated as having purchased any property if, but for paragraph (3), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012). ‘‘(3) BASIS ADJUSTMENTS.—If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified small business stock which is purchased by the taxpayer during the 60-day period described in subsection (a). ‘‘(4) HOLDING PERIOD.—For purposes of determining whether the nonrecognition of gain under subsection (a) applies to stock which is sold—

58 ‘‘(A) the taxpayer’s holding period for such stock and the stock referred to in subsection (a)(1) shall be determined without regard to section 1223, and ‘‘(B) only the first 6 months of the taxpayer’s holding period for the stock referred to in subsection (a)(1) shall be taken into account for purposes of applying section 1202(c)(2).’’. (b) CONFORMING AMENDMENTS.— (1) Section 1016(a)(23) is amended— (A) by striking ‘‘or 1044’’ and inserting ‘‘, 1044, or 1045’’, and (B) by striking ‘‘or 1044(d)’’ and inserting ‘‘, 1044(d), or 1045(b)(4)’’. (2) Section 1223 is amended by redesignating paragraph (15) as paragraph (16) and by inserting after paragraph (14) the following new paragraph: ‘‘(15) In determining the period for which the taxpayer has held property the acquisition of which resulted under section 1045 in the nonrecognition of any part of the gain realized on the sale of other property, there shall be included the period for which such other property has been held as of the date of such sale.’’. (3) The table of sections for part III of subchapter O of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 1045. Rollover of gain from qualified small business stock to another qualified small business stock.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales after the date of enactment of this Act.
SEC. 314. AMOUNT OF NET CAPITAL GAIN TAKEN INTO ACCOUNT IN COMPUTING ALTERNATIVE TAX ON CAPITAL GAINS FOR CORPORATIONS NOT TO EXCEED TAXABLE INCOME OF THE CORPORATION.

(a) IN GENERAL.—Paragraph (2) of section 1201(a) is amended by inserting before the period ‘‘(or, if less, taxable income)’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years ending after December 31, 1997.

TITLE IV—ALTERNATIVE MINIMUM TAX REFORM
SEC. 401. EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR SMALL CORPORATIONS.

(a) IN GENERAL.—Section 55 (relating to alternative minimum tax imposed) is amended by adding at the end the following new subsection: ‘‘(e) EXEMPTION FOR SMALL CORPORATIONS.— ‘‘(1) IN GENERAL.—The tentative minimum tax of a corporation shall be zero for any taxable year if— ‘‘(A) such corporation met the $5,000,000 gross receipts test of section 448(c) for its first taxable year beginning after December 31, 1996, and

59 ‘‘(B) such corporation would meet such test for the taxable year and all prior taxable years beginning after such first taxable year if such test were applied by substituting ‘$7,500,000’ for ‘$5,000,000’. ‘‘(2) PROSPECTIVE APPLICATION OF MINIMUM TAX IF SMALL CORPORATION CEASES TO BE SMALL.—In the case of a corporation whose tentative minimum tax is zero for any prior taxable year by reason of paragraph (1), the application of this part for taxable years beginning with the first taxable year such corporation ceases to be described in paragraph (1) shall be determined with the following modifications: ‘‘(A) Section 56(a)(1) (relating to depreciation) and section 56(a)(5) (relating to pollution control facilities) shall apply only to property placed in service on or after the change date. ‘‘(B) Section 56(a)(2) (relating to mining exploration and development costs) shall apply only to costs paid or incurred on or after the change date. ‘‘(C) Section 56(a)(3) (relating to treatment of long-term contracts) shall apply only to contracts entered into on or after the change date. ‘‘(D) Section 56(a)(4) (relating to alternative net operating loss deduction) shall apply in the same manner as if, in section 56(d)(2), the change date were substituted for ‘January 1, 1987’ and the day before the change date were substituted for ‘December 31, 1986’ each place it appears. ‘‘(E) Section 56(g)(2)(B) (relating to limitation on allowance of negative adjustments based on adjusted current earnings) shall apply only to prior taxable years beginning on or after the change date. ‘‘(F) Section 56(g)(4)(A) (relating to adjustment for depreciation to adjusted current earnings) shall not apply. ‘‘(G) Subparagraphs (D) and (F) of section 56(g)(4) (relating to other earnings and profits adjustments and depletion) shall apply in the same manner as if the day before the change date were substituted for ‘December 31, 1989’ each place it appears therein. ‘‘(3) EXCEPTION.—The modifications in paragraph (2) shall not apply to— ‘‘(A) any item acquired by the corporation in a transaction to which section 381 applies, and ‘‘(B) any property the basis of which in the hands of the corporation is determined by reference to the basis of the property in the hands of the transferor, if such item or property was subject to any provision referred to in paragraph (2) while held by the transferor. ‘‘(4) CHANGE DATE.—For purposes of paragraph (2), the change date is the first day of the first taxable year for which the taxpayer ceases to be described in paragraph (1). ‘‘(5) LIMITATION ON USE OF CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY.—In the case of a taxpayer whose tentative minimum tax for any taxable year is zero by reason of paragraph (1), section 53(c) shall be applied for such year by reducing the amount otherwise taken into account under section

60 53(c)(1) by 25 percent of so much of such amount as exceeds $25,000. Rules similar to the rules of section 38(c)(3)(B) shall apply for purposes of the preceding sentence.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 402. REPEAL OF SEPARATE DEPRECIATION LIVES FOR MINIMUM TAX PURPOSES.

(a) IN GENERAL.—Clause (i) of section 56(a)(1)(A) is amended by adding at the end the following new sentence: ‘‘In the case of property placed in service after December 31, 1998, the preceding sentence shall not apply but clause (ii) shall continue to apply.’’ (b) POLLUTION CONTROL FACILITIES.—Paragraph (5) of section 56(a) is amended by adding at the end the following new sentence: ‘‘In the case of such a facility placed in service after December 31, 1998, such deduction shall be determined under section 168 using the straight line method.’’.
SEC. 403. MINIMUM TAX NOT TO APPLY TO FARMERS’ INSTALLMENT SALES.

(a) IN GENERAL.—Subsection (a) of section 56 is amended by striking paragraph (6) (relating to treatment of installment sales) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (b) EFFECTIVE DATES.— (1) IN GENERAL.—The amendment made by this section shall apply to dispositions in taxable years beginning after December 31, 1987. (2) SPECIAL RULE FOR 1987.—In the case of taxable years beginning in 1987, the last sentence of section 56(a)(6) of the Internal Revenue Code of 1986 (as in effect for such taxable years) shall be applied by inserting ‘‘or in the case of a taxpayer using the cash receipts and disbursements method of accounting, any disposition described in section 453C(e)(1)(B)(ii)’’ after ‘‘section 453C(e)(4)’’.

TITLE V—ESTATE, GIFT, AND GENERATION-SKIPPING TAX PROVISIONS Subtitle A—Estate and Gift Tax Provisions
SEC. 501. COST-OF-LIVING ADJUSTMENTS RELATING TO ESTATE AND GIFT TAX PROVISIONS.

(a) INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT.— (1) ESTATE TAX CREDIT.— (A) IN GENERAL.—Subsection (a) of section 2010 (relating to unified credit against estate tax) is amended by striking ‘‘$192,800’’ and inserting ‘‘the applicable credit amount’’. (B) APPLICABLE CREDIT AMOUNT.—Section 2010 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:

61 ‘‘(c) APPLICABLE CREDIT AMOUNT.—For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount determined in accordance with the following table:
‘‘In the case of estates of decedents dying, The applicable and gifts made, exclusion during: amount is: 1998 ....................................................................................... $ 625,000 1999 ....................................................................................... $ 650,000 2000 and 2001 ...................................................................... $ 675,000 2002 and 2003 ...................................................................... $ 700,000 2004 ....................................................................................... $ 850,000 2005 ....................................................................................... $ 950,000 2006 or thereafter ................................................................. $1,000,000.’’

(C) ESTATE TAX RETURNS.—Paragraph (1) of section 6018(a) is amended by striking ‘‘$600,000’’ and inserting ‘‘the applicable exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death’’. (D) PHASEOUT OF GRADUATED RATES AND UNIFIED CREDIT.—Paragraph (2) of section 2001(c) is amended by striking ‘‘$21,040,000’’ and inserting ‘‘the amount at which the average tax rate under this section is 55 percent’’. (E) ESTATES OF NONRESIDENTS NOT CITIZENS.—Subparagraph (A) of section 2102(c)(3) is amended by striking ‘‘$192,800’’ and inserting ‘‘the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death’’. (2) UNIFIED GIFT TAX CREDIT.—Paragraph (1) of section 2505(a) is amended by striking ‘‘$192,800’’ and inserting ‘‘the applicable credit amount in effect under section 2010(c) for such calendar year’’. (b) ALTERNATE VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY.—Subsection (a) of section 2032A is amended by adding at the end the following new paragraph: ‘‘(3) INFLATION ADJUSTMENT.—In the case of estates of decedents dying in a calendar year after 1998, the $750,000 amount contained in paragraph (2) shall be increased by an amount equal to— ‘‘(A) $750,000, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.’’. (c) ANNUAL GIFT TAX EXCLUSION.—Subsection (b) of section 2503 is amended— (1) by striking the subsection heading and inserting the following: ‘‘(b) EXCLUSIONS FROM GIFTS.—

62 ‘‘(1) IN GENERAL.—’’, (2) by moving the text 2 ems to the right, and (3) by adding at the end the following new paragraph: ‘‘(2) INFLATION ADJUSTMENT.—In the case of gifts made in a calendar year after 1998, the $10,000 amount contained in paragraph (1) shall be increased by an amount equal to— ‘‘(A) $10,000, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.’’. (d) EXEMPTION FROM GENERATION-SKIPPING TAX.—Section 2631 (relating to GST exemption) is amended by adding at the end the following new subsection: ‘‘(c) INFLATION ADJUSTMENT.—In the case of an individual who dies in any calendar year after 1998, the $1,000,000 amount contained in subsection (a) shall be increased by an amount equal to— ‘‘(1) $1,000,000, multiplied by ‘‘(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.’’. (e) AMOUNT SUBJECT TO REDUCED RATE WHERE EXTENSION OF TIME FOR PAYMENT OF ESTATE TAX ON CLOSELY HELD BUSINESS.— Subsection (j) of section 6601 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ‘‘(3) INFLATION ADJUSTMENT.—In the case of estates of decedents dying in a calendar year after 1998, the $1,000,000 amount contained in paragraph (2)(A) shall be increased by an amount equal to— ‘‘(A) $1,000,000, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.’’. (f) EFFECTIVE DATE.—The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1997.
SEC. 502. FAMILY-OWNED BUSINESS EXCLUSION.

(a) IN GENERAL.—Part III of subchapter A of chapter 11 (relating to gross estate) is amended by inserting after section 2033 the following new section:

63
‘‘SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION.

‘‘(a) IN GENERAL.—In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the lesser of— ‘‘(1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or ‘‘(2) the excess of $1,300,000 over the applicable exclusion amount under section 2010(c) with respect to such estate. ‘‘(b) ESTATES TO WHICH SECTION APPLIES.— ‘‘(1) IN GENERAL.—This section shall apply to an estate if— ‘‘(A) the decedent was (at the date of the decedent’s death) a citizen or resident of the United States, ‘‘(B) the executor elects the application of this section and files the agreement referred to in subsection (h), ‘‘(C) the sum of— ‘‘(i) the adjusted value of the qualified familyowned business interests described in paragraph (2), plus ‘‘(ii) the amount of the gifts of such interests determined under paragraph (3), exceeds 50 percent of the adjusted gross estate, and ‘‘(D) during the 8-year period ending on the date of the decedent’s death there have been periods aggregating 5 years or more during which— ‘‘(i) such interests were owned by the decedent or a member of the decedent’s family, and ‘‘(ii) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent’s family in the operation of the business to which such interests relate. ‘‘(2) INCLUDIBLE QUALIFIED FAMILY-OWNED BUSINESS INTERESTS.—The qualified family-owned business interests described in this paragraph are the interests which— ‘‘(A) are included in determining the value of the gross estate (without regard to this section), and ‘‘(B) are acquired by any qualified heir from, or passed to any qualified heir from, the decedent (within the meaning of section 2032A(e)(9)). ‘‘(3) INCLUDIBLE GIFTS OF INTERESTS.—The amount of the gifts of qualified family-owned business interests determined under this paragraph is the excess of— ‘‘(A) the sum of— ‘‘(i) the amount of such gifts from the decedent to members of the decedent’s family taken into account under subsection 2001(b)(1)(B), plus ‘‘(ii) the amount of such gifts otherwise excluded under section 2503(b), to the extent such interests are continuously held by members of such family (other than the decedent’s spouse) between the date of the gift and the date of the decedent’s death, over

64 ‘‘(B) the amount of such gifts from the decedent to members of the decedent’s family otherwise included in the gross estate. ‘‘(c) ADJUSTED GROSS ESTATE.—For purposes of this section, the term ‘adjusted gross estate’ means the value of the gross estate (determined without regard to this section)— ‘‘(1) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a), and ‘‘(2) increased by the excess of— ‘‘(A) the sum of— ‘‘(i) the amount of gifts determined under subsection (b)(3), plus ‘‘(ii) the amount (if more than de minimis) of other transfers from the decedent to the decedent’s spouse (at the time of the transfer) within 10 years of the date of the decedent’s death, plus ‘‘(iii) the amount of other gifts (not included under clause (i) or (ii)) from the decedent within 3 years of such date, other than gifts to members of the decedent’s family otherwise excluded under section 2503(b), over ‘‘(B) the sum of the amounts described in clauses (i), (ii), and (iii) of subparagraph (A) which are otherwise includible in the gross estate. For purposes of the preceding sentence, the Secretary may provide that de minimis gifts to persons other than members of the decedent’s family shall not be taken into account. ‘‘(d) ADJUSTED VALUE OF THE QUALIFIED FAMILY-OWNED BUSINESS INTERESTS.—For purposes of this section, the adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of— ‘‘(1) any amount deductible under paragraph (3) or (4) of section 2053(a), over ‘‘(2) the sum of— ‘‘(A) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus ‘‘(B) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent’s spouse, or the decedent’s dependents (within the meaning of section 152), plus ‘‘(C) any indebtedness not described in subparagraph (A) or (B), to the extent such indebtedness does not exceed $10,000. ‘‘(e) QUALIFIED FAMILY-OWNED BUSINESS INTEREST.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘qualified family-owned business interest’ means— ‘‘(A) an interest as a proprietor in a trade or business carried on as a proprietorship, or ‘‘(B) an interest in an entity carrying on a trade or business, if— ‘‘(i) at least—

65 ‘‘(I) 50 percent of such entity is owned (directly or indirectly) by the decedent and members of the decedent’s family, ‘‘(II) 70 percent of such entity is so owned by members of 2 families, or ‘‘(III) 90 percent of such entity is so owned by members of 3 families, and ‘‘(ii) for purposes of subclause (II) or (III) of clause (i), at least 30 percent of such entity is so owned by the decedent and members of the decedent’s family. ‘‘(2) LIMITATION.—Such term shall not include— ‘‘(A) any interest in a trade or business the principal place of business of which is not located in the United States, ‘‘(B) any interest in an entity, if the stock or debt of such entity or a controlled group (as defined in section 267(f)(1)) of which such entity was a member was readily tradable on an established securities market or secondary market (as defined by the Secretary) at any time within 3 years of the date of the decedent’s death, ‘‘(C) any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent’s death would qualify as personal holding company income (as defined in section 543(a)), ‘‘(D) that portion of an interest in a trade or business that is attributable to— ‘‘(i) cash or marketable securities, or both, in excess of the reasonably expected day-to-day working capital needs of such trade or business, and ‘‘(ii) any other assets of the trade or business (other than assets used in the active conduct of a trade or business described in section 542(c)(2)), which produce, or are held for the production of, income of which is described in section 543(a) or in section 954(c)(1) (determined without regard to subparagraph (A) thereof and by substituting ‘trade or business’ for ‘controlled foreign corporation’). ‘‘(3) RULES REGARDING OWNERSHIP.— ‘‘(A) OWNERSHIP OF ENTITIES.—For purposes of paragraph (1)(B)— ‘‘(i) CORPORATIONS.—Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ‘‘(ii) PARTNERSHIPS.—Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ‘‘(B) OWNERSHIP OF TIERED ENTITIES.—For purposes of this section, if by reason of holding an interest in a trade or business, a decedent, any member of the decedent’s fam-

66 ily, any qualified heir, or any member of any qualified heir’s family is treated as holding an interest in any other trade or business— ‘‘(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified family-owned business interest, and ‘‘(ii) this section shall be applied separately in determining if such interest in any other trade or business is a qualified family-owned business interest. ‘‘(C) INDIVIDUAL OWNERSHIP RULES.—For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1)(B) shall be considered as being owned proportionately by or for the entity’s shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ‘‘(f) TAX TREATMENT OF FAILURE TO MATERIALLY PARTICIPATE BUSINESS OR DISPOSITIONS OF INTERESTS.— ‘‘(1) IN GENERAL.—There is imposed an additional estate tax if, within 10 years after the date of the decedent’s death and before the date of the qualified heir’s death— ‘‘(A) the material participation requirements described in section 2032A(c)(6)(B) are not met with respect to the qualified family-owned business interest which was acquired (or passed) from the decedent, ‘‘(B) the qualified heir disposes of any portion of a qualified family-owned business interest (other than by a disposition to a member of the qualified heir’s family or through a qualified conservation contribution under section 170(h)), ‘‘(C) the qualified heir loses United States citizenship (within the meaning of section 877) or with respect to whom an event described in subparagraph (A) or (B) of section 877(e)(1) occurs, and such heir does not comply with the requirements of subsection (g), or ‘‘(D) the principal place of business of a trade or business of the qualified family-owned business interest ceases to be located in the United States. ‘‘(2) ADDITIONAL ESTATE TAX.— ‘‘(A) IN GENERAL.—The amount of the additional estate tax imposed by paragraph (1) shall be equal to— ‘‘(i) the applicable percentage of the adjusted tax difference attributable to the qualified family-owned business interest (as determined under rules similar to the rules of section 2032A(c)(2)(B)), plus ‘‘(ii) interest on the amount determined under clause (i) at the underpayment rate established under section 6621 for the period beginning on the date the estate tax liability was due under this chapter and ending on the date such additional estate tax is due. ‘‘(B) APPLICABLE PERCENTAGE.—For purposes of this paragraph, the applicable percentage shall be determined under the following table:

IN

67
‘‘If the event described in paragraph (1) occurs in the following year of The applicable material participation: percentage is: 1 through 6 ........................................................................................ 100 7 ......................................................................................................... 80 8 ......................................................................................................... 60 9 ......................................................................................................... 40 10 ....................................................................................................... 20.

‘‘(g) SECURITY REQUIREMENTS FOR NONCITIZEN QUALIFIED HEIRS.— ‘‘(1) IN GENERAL.—Except upon the application of subparagraph (F) or (M) of subsection (i)(3), if a qualified heir is not a citizen of the United States, any interest under this section passing to or acquired by such heir (including any interest held by such heir at a time described in subsection (f)(1)(C)) shall be treated as a qualified family-owned business interest only if the interest passes or is acquired (or is held) in a qualified trust. ‘‘(2) QUALIFIED TRUST.—The term ‘qualified trust’ means a trust— ‘‘(A) which is organized under, and governed by, the laws of the United States or a State, and ‘‘(B) except as otherwise provided in regulations, with respect to which the trust instrument requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation. ‘‘(h) AGREEMENT.—The agreement referred to in this subsection is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement consenting to the application of subsection (f) with respect to such property. ‘‘(i) OTHER DEFINITIONS AND APPLICABLE RULES.—For purposes of this section— ‘‘(1) QUALIFIED HEIR.—The term ‘qualified heir’— ‘‘(A) has the meaning given to such term by section 2032A(e)(1), and ‘‘(B) includes any active employee of the trade or business to which the qualified family-owned business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent’s death. ‘‘(2) MEMBER OF THE FAMILY.—The term ‘member of the family’ has the meaning given to such term by section 2032A(e)(2). ‘‘(3) APPLICABLE RULES.—Rules similar to the following rules shall apply: ‘‘(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ‘‘(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ‘‘(C) Section 2032A(c)(2)(D) (relating to partial dispositions). ‘‘(D) Section 2032A(c)(3) (relating to only 1 additional tax imposed with respect to any 1 portion). ‘‘(E) Section 2032A(c)(4) (relating to due date).

68 ‘‘(F) Section 2032A(c)(5) (relating to liability for tax; furnishing of bond). ‘‘(G) Section 2032A(c)(7) (relating to no tax if use begins within 2 years; active management by eligible qualified heir treated as material participation). ‘‘(H) Paragraphs (1) and (3) of section 2032A(d) (relating to election; agreement). ‘‘(I) Section 2032A(e)(10) (relating to community property). ‘‘(J) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ‘‘(K) Section 2032A(f) (relating to statute of limitations). ‘‘(L) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ‘‘(M) Subparagraphs (B), (C), and (D) of section 6166(g)(1) (relating to acceleration of payment). ‘‘(N) Section 6324B (relating to special lien for additional estate tax).’’. (b) CLERICAL AMENDMENT.—The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item:
‘‘Sec. 2033A. Family-owned business exclusion.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to estates of decedents dying after December 31, 1997.
SEC. 503. MODIFICATIONS TO RATE OF INTEREST ON PORTION OF ESTATE TAX EXTENDED UNDER SECTION 6166.

(a) IN GENERAL.—Paragraphs (1) and (2) of section 6601(j) (relating to 4-percent rate on certain portion of estate tax extended under section 6166) are amended to read as follows: ‘‘(1) IN GENERAL.—If the time for payment of an amount of tax imposed by chapter 11 is extended as provided in section 6166, then in lieu of the annual rate provided by subsection (a)— ‘‘(A) interest on the 2-percent portion of such amount shall be paid at the rate of 2 percent, and ‘‘(B) interest on so much of such amount as exceeds the 2-percent portion shall be paid at a rate equal to 45 percent of the annual rate provided by subsection (a). For purposes of this subsection, the amount of any deficiency which is prorated to installments payable under section 6166 shall be treated as an amount of tax payable in installments under such section. ‘‘(2) 2-PERCENT PORTION.—For purposes of this subsection, the term ‘2-percent portion’ means the lesser of— ‘‘(A)(i) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the sum of $1,000,000 and the applicable exclusion amount in effect under section 2010(c), reduced by

69 ‘‘(ii) the applicable credit amount in effect under section 2010(c), or ‘‘(B) the amount of the tax imposed by chapter 11 which is extended as provided in section 6166.’’. (b) DISALLOWANCE OF INTEREST DEDUCTION.— (1) ESTATE TAX.—Paragraph (1) of section 2053(c) is amended by adding at the end the following new subparagraph: ‘‘(D) SECTION 6166 INTEREST.—No deduction shall be allowed under this section for any interest payable under section 6601 on any unpaid portion of the tax imposed by section 2001 for the period during which an extension of time for payment of such tax is in effect under section 6166.’’. (2) INCOME TAX.— (A) Section 163 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ‘‘(k) SECTION 6166 INTEREST.—No deduction shall be allowed under this section for any interest payable under section 6601 on any unpaid portion of the tax imposed by section 2001 for the period during which an extension of time for payment of such tax is in effect under section 6166.’’. (B) Subparagraph (E) of section 163(h)(2) is amended by striking ‘‘or 6166’’ and all that follows and inserting a period. (c) CONFORMING AMENDMENTS.— (1) Paragraphs (7)(A)(iii) and (8)(A)(iii) of section 6166(b) are amended by striking ‘‘4-percent’’ each place it appears (including the heading) and inserting ‘‘2-percent’’. (2) Paragraph (4) of section 6601(j), as redesignated by section 501(e), is amended by striking ‘‘4-percent’’ each place it appears and inserting ‘‘2-percent’’. (3) The subsection heading for section 6601(j) is amended by striking ‘‘4-PERCENT’’ and inserting ‘‘2-PERCENT’’. (d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to estates of decedents dying after December 31, 1997. (2) ELECTION.—In the case of the estate of any decedent dying before January 1, 1998, with respect to which there is an election under section 6166 of the Internal Revenue Code of 1986, the executor of the estate may elect to have the amendments made by this section apply with respect to installments due after the effective date of the election; except that the 2-percent portion of such installments shall be equal to the amount which would be the 4-percent portion of such installments without regard to such election. Such an election shall be made before January 1, 1999 in the manner prescribed by the Secretary of the Treasury and, once made, is irrevocable.
SEC. 504. EXTENSION OF TREATMENT OF CERTAIN RENTS UNDER SECTION 2032A TO LINEAL DESCENDANTS.

(a) GENERAL RULE.—Paragraph (7) of section 2032A(c) (relating to special rules for tax treatment of dispositions and failures to use

70 for qualified use) is amended by adding at the end the following new subparagraph: ‘‘(E) CERTAIN RENTS TREATED AS QUALIFIED USE.—For purposes of this subsection, a surviving spouse or lineal descendant of the decedent shall not be treated as failing to use qualified real property in a qualified use solely because such spouse or descendant rents such property to a member of the family of such spouse or descendant on a net cash basis. For purposes of the preceding sentence, a legally adopted child of an individual shall be treated as the child of such individual by blood.’’. (b) CONFORMING AMENDMENT.—Section 2032A(b)(5)(A) is amended by striking the last sentence. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to leases entered into after December 31, 1976.
SEC. 505. CLARIFICATION OF JUDICIAL REVIEW OF ELIGIBILITY FOR EXTENSION OF TIME FOR PAYMENT OF ESTATE TAX.

(a) IN GENERAL.—Part IV of subchapter C of chapter 76 of the Internal Revenue Code of 1986 (relating to declaratory judgments) is amended by adding at the end the following new section:
‘‘SEC. 7479. DECLARATORY JUDGMENTS RELATING TO ELIGIBILITY OF ESTATE WITH RESPECT TO INSTALLMENT PAYMENTS UNDER SECTION 6166.

‘‘(a) CREATION OF REMEDY.—In a case of actual controversy involving a determination by the Secretary of (or a failure by the Secretary to make a determination with respect to)— ‘‘(1) whether an election may be made under section 6166 (relating to extension of time for payment of estate tax where estate consists largely of interest in closely held business) with respect to an estate, or ‘‘(2) whether the extension of time for payment of tax provided in section 6166(a) has ceased to apply with respect to an estate, upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to whether such election may be made or whether such extension has ceased to apply. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. ‘‘(b) LIMITATIONS.— ‘‘(1) PETITIONER.—A pleading may be filed under this section, with respect to any estate, only— ‘‘(A) by the executor of such estate, or ‘‘(B) by any person who has assumed an obligation to make payments under section 6166 with respect to such estate (but only if each other such person is joined as a party). ‘‘(2) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—The court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted all available administrative remedies within the Internal Revenue Service. A petitioner shall be deemed to have exhausted its administrative remedies with respect to a failure of the Secretary to make a determination at the expiration of

71 180 days after the date on which the request for such determination was made if the petitioner has taken, in a timely manner, all reasonable steps to secure such determination. ‘‘(3) TIME FOR BRINGING ACTION.—If the Secretary sends by certified or registered mail notice of his determination as described in subsection (a) to the petitioner, no proceeding may be initiated under this section unless the pleading is filed before the 91st day after the date of such mailing.’’. (b) CLERICAL AMENDMENT.—The table of sections for part IV of subchapter C of chapter 76 of such Code is amended by adding at the end the following new item:
‘‘Sec. 7479. Declaratory judgments relating to eligibility of estate with respect to installment payments under section 6166.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act.
SEC. 506. GIFTS MAY NOT BE REVALUED FOR ESTATE TAX PURPOSES AFTER EXPIRATION OF STATUTE OF LIMITATIONS.

(a) IN GENERAL.—Section 2001 (relating to imposition and rate of estate tax) is amended by adding at the end the following new subsection: ‘‘(f) VALUATION OF GIFTS.—If— ‘‘(1) the time has expired within which a tax may be assessed under chapter 12 (or under corresponding provisions of prior laws) on the transfer of property by gift made during a preceding calendar period (as defined in section 2502(b)), and ‘‘(2) the value of such gift is shown on the return for such preceding calendar period or is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such gift, the value of such gift shall, for purposes of computing the tax under this chapter, be the value of such gift as finally determined for purposes of chapter 12.’’. (b) MODIFICATION OF APPLICATION OF STATUTE OF LIMITATIONS.—Paragraph (9) of section 6501(c) is amended to read as follows: ‘‘(9) GIFT TAX ON CERTAIN GIFTS NOT SHOWN ON RETURN.— If any gift of property the value of which (or any increase in taxable gifts required under section 2701(d) which) is required to be shown on a return of tax imposed by chapter 12 (without regard to section 2503(b)), and is not shown on such return, any tax imposed by chapter 12 on such gift may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. The preceding sentence shall not apply to any item which is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item. The value of any item which is so disclosed may not be redetermined by the Secretary after the expiration of the period under subsection (a).’’. (c) DECLARATORY JUDGMENT PROCEDURE FOR DETERMINING VALUE OF GIFT.—

72 (1) IN GENERAL.—Part IV of subchapter C of chapter 76 is amended by inserting after section 7476 the following new section:
‘‘SEC. 7477. DECLARATORY JUDGMENTS RELATING TO VALUE OF CERTAIN GIFTS.

‘‘(a) CREATION OF REMEDY.—In a case of an actual controversy involving a determination by the Secretary of the value of any gift shown on the return of tax imposed by chapter 12 or disclosed on such return or in any statement attached to such return, upon the filing of an appropriate pleading, the Tax Court may make a declaration of the value of such gift. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. ‘‘(b) LIMITATIONS.— ‘‘(1) PETITIONER.—A pleading may be filed under this section only by the donor. ‘‘(2) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—The court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted all available administrative remedies within the Internal Revenue Service. ‘‘(3) TIME FOR BRINGING ACTION.—If the Secretary sends by certified or registered mail notice of his determination as described in subsection (a) to the petitioner, no proceeding may be initiated under this section unless the pleading is filed before the 91st day after the date of such mailing.’’. (2) CLERICAL AMENDMENT.—The table of sections for such part IV is amended by inserting after the item relating to section 7476 the following new item:
‘‘Sec. 7477. Declaratory judgments relating to value of certain gifts.’’.

(d) CONFORMING AMENDMENT.—Subsection (c) of section 2504 is amended by striking ‘‘, and if a tax under this chapter or under corresponding provisions of prior laws has been assessed or paid for such preceding calendar period’’. (e) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by subsections (a) and (c) shall apply to gifts made after the date of the enactment of this Act. (2) SUBSECTION (b)—The amendment made by subsection (b) shall apply to gifts made in calendar years ending after the date of the enactment of this Act.
SEC. 507. REPEAL OF THROWBACK RULES APPLICABLE TO CERTAIN DOMESTIC TRUSTS.

(a) ACCUMULATION DISTRIBUTIONS.— (1) IN GENERAL.—Section 665 is amended by inserting after subsection (b) the following new subsection: ‘‘(c) EXCEPTION FOR ACCUMULATION DISTRIBUTIONS FROM CERTAIN DOMESTIC TRUSTS.—For purposes of this subpart— ‘‘(1) IN GENERAL.—In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income.

73 ‘‘(2) QUALIFIED TRUST.—For purposes of this subsection, the term ‘qualified trust’ means any trust other than— ‘‘(A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or ‘‘(B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.’’. (2) CONFORMING AMENDMENTS.—Subsection (b) of section 665 is amended by inserting ‘‘except as provided in subsection (c),’’ after ‘‘subpart,’’. (b) REPEAL OF TAX ON TRANSFERS TO TRUSTS AT LESS THAN FAIR MARKET VALUE.— (1) Subpart A of part I of subchapter J of chapter 1 is amended by striking section 644 and by redesignating section 645 as section 644. (2) Paragraph (5) of section 706(b) is amended by striking ‘‘section 645’’ and inserting ‘‘section 644’’. (3) The table of sections for such subpart is amended by striking the last 2 items and inserting the following new item:
‘‘Sec. 644. Taxable year of trusts.’’

(c) EFFECTIVE DATES.— (1) ACCUMULATION DISTRIBUTIONS.—The amendments made by subsection (a) shall apply to distributions in taxable years beginning after the date of the enactment of this Act. (2) TRANSFERRED PROPERTY.—The amendments made by subsection (b) shall apply to sales or exchanges after the date of the enactment of this Act.
SEC. 508. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.

(a) ESTATE TAX WITH RESPECT TO LAND SUBJECT TO A QUALICONSERVATION EASEMENT.—Section 2031 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ‘‘(c) ESTATE TAX WITH RESPECT TO LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.— ‘‘(1) IN GENERAL.—If the executor makes the election described in paragraph (6), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the lesser of— ‘‘(A) the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(f) with respect to such land, or ‘‘(B) the exclusion limitation. ‘‘(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 40 percent reduced (but not below zero) by 2 percentage points for each percentage point (or fraction thereof) by which the value of the qualified conservation easement is less than 30 percent of the value of the land (determined without regard to the value of such easement
FIED

74 and reduced by the value of any retained development right (as defined in paragraph (5)). ‘‘(3) EXCLUSION LIMITATION.—For purposes of paragraph (1), the exclusion limitation is the limitation determined in accordance with the following table:
‘‘In the case of estates of The exclusion decedents dying during: limitation is: 1998 ....................................................................................... $100,000 1999 ....................................................................................... $200,000 2000 ....................................................................................... $300,000 2001 ....................................................................................... $400,000 2002 or thereafter ................................................................. $500,000.

‘‘(4) TREATMENT OF CERTAIN INDEBTEDNESS.— ‘‘(A) IN GENERAL.—The exclusion provided in paragraph (1) shall not apply to the extent that the land is debtfinanced property. ‘‘(B) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) DEBT-FINANCED PROPERTY.—The term ‘debt-financed property’ means any property with respect to which there is an acquisition indebtedness (as defined in clause (ii)) on the date of the decedent’s death. ‘‘(ii) ACQUISITION INDEBTEDNESS.—The term ‘acquisition indebtedness’ means, with respect to debt-financed property, the unpaid amount of— ‘‘(I) the indebtedness incurred by the donor in acquiring such property, ‘‘(II) the indebtedness incurred before the acquisition of such property if such indebtedness would not have been incurred but for such acquisition, ‘‘(III) the indebtedness incurred after the acquisition of such property if such indebtedness would not have been incurred but for such acquisition and the incurrence of such indebtedness was reasonably foreseeable at the time of such acquisition, and ‘‘(IV) the extension, renewal, or refinancing of an acquisition indebtedness. ‘‘(5) TREATMENT OF RETAINED DEVELOPMENT RIGHT.— ‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to the value of any development right retained by the donor in the conveyance of a qualified conservation easement. ‘‘(B) TERMINATION OF RETAINED DEVELOPMENT RIGHT.—If every person in being who has an interest (whether or not in possession) in the land executes an agreement to extinguish permanently some or all of any development rights (as defined in subparagraph (D)) retained by the donor on or before the date for filing the return of the tax imposed by section 2001, then any tax imposed by section 2001 shall be reduced accordingly. Such agreement shall be filed with the return of the tax imposed by section 2001. The agreement shall be in such form as the Secretary shall prescribe.

75 ‘‘(C) ADDITIONAL TAX.—Any failure to implement the agreement described in subparagraph (B) not later than the earlier of— ‘‘(i) the date which is 2 years after the date of the decedent’s death, or ‘‘(ii) the date of the sale of such land subject to the qualified conservation easement, shall result in the imposition of an additional tax in the amount of the tax which would have been due on the retained development rights subject to such agreement. Such additional tax shall be due and payable on the last day of the 6th month following such date. ‘‘(D) DEVELOPMENT RIGHT DEFINED.—For purposes of this paragraph, the term ‘development right’ means any right to use the land subject to the qualified conservation easement in which such right is retained for any commercial purpose which is not subordinate to and directly supportive of the use of such land as a farm for farming purposes (within the meaning of section 2032A(e)(5)). ‘‘(6) ELECTION.—The election under this subsection shall be made on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. ‘‘(7) CALCULATION OF ESTATE TAX DUE.—An executor making the election described in paragraph (6) shall, for purposes of calculating the amount of tax imposed by section 2001, include the value of any development right (as defined in paragraph (5)) retained by the donor in the conveyance of such qualified conservation easement. The computation of tax on any retained development right prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. ‘‘(8) DEFINITIONS.—For purposes of this subsection— ‘‘(A) LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.—The term ‘land subject to a qualified conservation easement’ means land— ‘‘(i) which is located— ‘‘(I) in or within 25 miles of an area which, on the date of the decedent’s death, is a metropolitan area (as defined by the Office of Management and Budget), ‘‘(II) in or within 25 miles of an area which, on the date of the decedent’s death, is a national park or wilderness area designated as part of the National Wilderness Preservation System (unless it is determined by the Secretary that land in or within 25 miles of such a park or wilderness area is not under significant development pressure), or ‘‘(III) in or within 10 miles of an area which, on the date of the decedent’s death, is an Urban National Forest (as designated by the Forest Service), ‘‘(ii) which was owned by the decedent or a member of the decedent’s family at all times during the 3-

76 year period ending on the date of the decedent’s death, and ‘‘(iii) with respect to which a qualified conservation easement has been made by an individual described in subparagraph (C), as of the date of the election described in paragraph (6). ‘‘(B) QUALIFIED CONSERVATION EASEMENT.—The term ‘qualified conservation easement’ means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity. ‘‘(C) INDIVIDUAL DESCRIBED.—An individual is described in this subparagraph if such individual is— ‘‘(i) the decedent, ‘‘(ii) a member of the decedent’s family, ‘‘(iii) the executor of the decedent’s estate, or ‘‘(iv) the trustee of a trust the corpus of which includes the land to be subject to the qualified conservation easement. ‘‘(D) MEMBER OF FAMILY.—The term ‘member of the decedent’s family’ means any member of the family (as defined in section 2032A(e)(2)) of the decedent. ‘‘(9) APPLICATION OF THIS SECTION TO INTERESTS IN PARTNERSHIPS, CORPORATIONS, AND TRUSTS.—This section shall apply to an interest in a partnership, corporation, or trust if at least 30 percent of the entity is owned (directly or indirectly) by the decedent, as determined under the rules described in section 2033A(e)(3).’’. (b) CARRYOVER BASIS.—Section 1014(a) (relating to basis of property acquired from a decedent) is amended by striking ‘‘or’’ at the end of paragraphs (1) and (2), by striking the period at the end of paragraph (3) and inserting ‘‘, or’’ and by adding at the end the following new paragraph: ‘‘(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.’’. (c) QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION.—Subsection (c) of section 2032A (relating to alternative valuation method) is amended by adding at the end the following new paragraph: ‘‘(8) QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION.—A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A).’’. (d) QUALIFIED CONSERVATION CONTRIBUTION WHERE SURFACE AND MINERAL RIGHTS ARE SEPARATED.—Section 170(h)(5)(B)(ii) (relating to special rule) is amended to read as follows: ‘‘(ii) SPECIAL RULE.—With respect to any contribution of property in which the ownership of the surface estate and mineral interests has been and remains separated, subparagraph

77 (A) shall be treated as met if the probability of surface mining occurring on such property is so remote as to be negligible.’’. (e) EFFECTIVE DATES.— (1) ENCLUSION.—The amendments made by subsections (a) and (b) shall apply to estates of decedents dying after December 31, 1997. (2) EASEMENTS.—The amendments made by subsections (c) and (d) shall apply to easements granted after December 31, 1997.

Subtitle B—Generation-Skipping Tax Provision
SEC. 511. EXPANSION OF EXCEPTION FROM GENERATION-SKIPPING TRANSFER TAX FOR TRANSFERS TO INDIVIDUALS WITH DECEASED PARENTS.

(a) IN GENERAL.—Section 2651 (relating to generation assignment) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ‘‘(e) SPECIAL RULE FOR PERSONS WITH A DECEASED PARENT.— ‘‘(1) IN GENERAL.—For purposes of determining whether any transfer is a generation-skipping transfer, if— ‘‘(A) an individual is a descendant of a parent of the transferor (or the transferor’s spouse or former spouse), and ‘‘(B) such individual’s parent who is a lineal descendant of the parent of the transferor (or the transferor’s spouse or former spouse) is dead at the time the transfer (from which an interest of such individual is established or derived) is subject to a tax imposed by chapter 11 or 12 upon the transferor (and if there shall be more than 1 such time, then at the earliest such time), such individual shall be treated as if such individual were a member of the generation which is 1 generation below the lower of the transferor’s generation or the generation assignment of the youngest living ancestor of such individual who is also a descendant of the parent of the transferor (or the transferor’s spouse or former spouse), and the generation assignment of any descendant of such individual shall be adjusted accordingly. ‘‘(2) LIMITED APPLICATION OF SUBSECTION TO COLLATERAL HEIRS.—This subsection shall not apply with respect to a transfer to any individual who is not a lineal descendant of the transferor (or the transferor’s spouse or former spouse) if, at the time of the transfer, such transferor has any living lineal descendant.’’. (b) CONFORMING AMENDMENTS.— (1) Section 2612(c) (defining direct skip) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 2612(c)(2) (as so redesignated) is amended by striking ‘‘section 2651(e)(2)’’ and inserting ‘‘section 2651(f)(2)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to terminations, distributions, and transfers occurring after December 31, 1997.

78

TITLE VI—EXTENSIONS
SEC. 601. RESEARCH TAX CREDIT.

(a) IN GENERAL.—Paragraph (1) of section 41(h) (relating to termination) is amended— (1) by striking ‘‘May 31, 1997’’ and inserting ‘‘June 30, 1998’’, and (2) by striking in the last sentence ‘‘during the first 11 months of such taxable year.’’ and inserting ‘‘during the 24month period beginning with the first month of such year. The 24 months referred to in the preceding sentence shall be reduced by the number of full months after June 1996 (and before the first month of such first taxable year) during which the taxpayer paid or incurred any amount which is taken into account in determining the credit under this section.’’. (b) TECHNICAL AMENDMENTS.— (1) Subparagraph (B) of section 41(c)(4) is amended to read as follows: ‘‘(B) ELECTION.—An election under this paragraph shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary.’’. (2) Paragraph (1) of section 45C(b) is amended by striking ‘‘May 31, 1997’’ and inserting ‘‘June 30, 1998’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts paid or incurred after May 31, 1997.
SEC. 602. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS.

(a) IN GENERAL.—Clause (ii) of section 170(e)(5)(D) (relating to termination) is amended by striking ‘‘May 31, 1997’’ and inserting ‘‘June 30, 1998’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to contributions made after May 31, 1997.
SEC. 603. WORK OPPORTUNITY TAX CREDIT.

(a) EXTENSION.—Subparagraph (B) of section 51(c)(4) (relating to termination) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘June 30, 1998’’. (b) MODIFICATION OF ELIGIBILITY REQUIREMENT BASED ON PERIOD ON WELFARE.— (1) IN GENERAL.—Subparagraph (A) of section 51(d)(2) (defining qualified IV–A recipient) is amended by striking all that follows ‘‘a IV–A program’’ and inserting ‘‘for any 9 months during the 18-month period ending on the hiring date.’’. (2) CONFORMING AMENDMENT.—Subparagraph (A) of section 51(d)(3) is amended to read as follows: ‘‘(A) IN GENERAL.—The term ‘qualified veteran’ means any veteran who is certified by the designated local agency as being a member of a family receiving assistance under a food stamp program under the Food Stamp Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date.’’. (c) QUALIFIED SSI RECIPIENTS TREATED AS MEMBERS OF TARGETED GROUPS.—

79 (1) IN GENERAL.—Section 51(d)(1) (relating to members of targeted groups) is amended by striking ‘‘or’’ at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ‘‘, or’’, and by adding at the end the following new subparagraph: ‘‘(H) a qualified SSI recipient.’’. (2) QUALIFIED SSI RECIPIENTS.—Section 51(d) is amended by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively, and by inserting after paragraph (8) the following new paragraph: ‘‘(9) QUALIFIED SSI RECIPIENT.—The term ‘qualified SSI recipient’ means any individual who is certified by the designated local agency as receiving supplemental security income benefits under title XVI of the Social Security Act (including supplemental security income benefits of the type described in section 1616 of such Act or section 212 of Public Law 93–66) for any month ending within the 60-day period ending on the hiring date.’’. (d) PERCENTAGE OF WAGES ALLOWED AS CREDIT.— (1) IN GENERAL.—Subsection (a) of section 51 (relating to determination of amount) is amended by striking ‘‘35 percent’’ and inserting ‘‘40 percent’’. (2) APPLICATION OF CREDIT FOR INDIVIDUALS PERFORMING FEWER THAN 400 HOURS OF SERVICES.—Paragraph (3) of section 51(i) is amended to read as follows: ‘‘(3) INDIVIDUALS NOT MEETING MINIMUM EMPLOYMENT PERIODS.— ‘‘(A) REDUCTION OF CREDIT FOR INDIVIDUALS PERFORMING FEWER THAN 400 HOURS OF SERVICE.—In the case of an individual who has performed at least 120 hours, but less than 400 hours, of service for the employer, subsection (a) shall be applied by substituting ‘25 percent’ for ‘40 percent’. ‘‘(B) DENIAL OF CREDIT FOR INDIVIDUALS PERFORMING FEWER THAN 120 HOURS OF SERVICE.—No wages shall be taken into account under subsection (a) with respect to any individual unless such individual has performed at least 120 hours of service for the employer.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to individuals who begin work for the employer after September 30, 1997.
SEC. 604. ORPHAN DRUG TAX CREDIT.

(a) IN GENERAL.—Section 45C (relating to clinical testing expenses for certain drugs for rare diseases or conditions) is amended by striking subsection (e). (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to amounts paid or incurred after May 31, 1997.

80

TITLE VII—INCENTIVES FOR REVITALIZATION OF THE DISTRICT OF COLUMBIA
SEC. 701. TAX INCENTIVES FOR REVITALIZATION OF THE DISTRICT OF COLUMBIA.

(a) IN GENERAL.—Chapter 1 is amended by adding at the end the following new subchapter: ‘‘Subchapter W—District of Columbia Enterprise Zone
‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 1400. 1400A. 1400B. 1400C. Establishment of DC Zone. Tax-exempt economic development bonds. Zero percent capital gains rate. First-time homebuyer credit for District of Columbia.

‘‘SEC. 1400. ESTABLISHMENT OF DC ZONE.

‘‘(a) IN GENERAL.—For purposes of this title— ‘‘(1) the applicable DC area is hereby designated as the District of Columbia Enterprise Zone, and ‘‘(2) except as otherwise provided in this subchapter, the District of Columbia Enterprise Zone shall be treated as an empowerment zone designated under subchapter U. ‘‘(b) APPLICABLE DC AREA.—For purposes of subsection (a), the term ‘applicable DC area’ means the area consisting of— ‘‘(1) the census tracts located in the District of Columbia which are part of an enterprise community designated under subchapter U before the date of the enactment of this subchapter, and ‘‘(2) all other census tracts— ‘‘(A) which are located in the District of Columbia, and ‘‘(B) for which the poverty rate is not less than than 20 percent. ‘‘(c) DISTRICT OF COLUMBIA ENTERPRISE ZONE.—For purposes of this subchapter, the terms ‘District of Columbia Enterprise Zone’ and ‘DC Zone’ mean the District of Columbia Enterprise Zone designated by subsection (a). ‘‘(d) SPECIAL RULES FOR APPLICATION OF EMPLOYMENT CREDIT.— ‘‘(1) EMPLOYEES WHOSE PRINCIPAL PLACE OF ABODE IS IN DISTRICT OF COLUMBIA.—With respect to the DC Zone, section 1396(d)(1)(B) (relating to empowerment zone employment credit) shall be applied by substituting ‘the District of Columbia’ for ‘such empowerment zone’. ‘‘(2) NO DECREASE OF PERCENTAGE IN 2002.—In the case of the DC Zone, section 1396 (relating to empowerment zone employment credit) shall be applied by substituting ‘‘20’’ for ‘‘15’’ in the table contained in section 1396(b). The preceding sentence shall apply only with respect to qualified zone employees, as defined in section 1396(d), determined by treating no area other than the DC Zone as an empowerment zone or enterprise community. ‘‘(e) SPECIAL RULE FOR APPLICATION OF ENTERPRISE ZONE BUSINESS DEFINITION.—For purposes of this subchapter and for purposes of applying subchapter U with respect to the DC Zone, sec-

81 tion 1397B shall be applied without regard to subsections (b)(6) and (c)(5) thereof. ‘‘(f) TIME FOR WHICH DESIGNATION APPLICABLE.— ‘‘(1) IN GENERAL.—The designation made by subsection (a) shall apply for the period beginning on January 1, 1998, and ending on December 31, 2002. ‘‘(2) COORDINATION WITH DC ENTERPRISE COMMUNITY DESIGNATED UNDER SUBCHAPTER U.—The designation under subchapter U of the census tracts referred to in subsection (b)(1) as an enterprise community shall terminate on December 31, 2002.
‘‘SEC. 1400A. TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS.

‘‘(a) IN GENERAL.—In the case of the District of Columbia Enterprise Zone, subparagraph (A) of section 1394(c)(1) (relating to limitation on amount of bonds) shall be applied by substituting ‘$15,000,000’ for ‘$3,000,000’. ‘‘(b) PERIOD OF APPLICABILITY.—This section shall apply to bonds issued during the period beginning on January 1, 1998, and ending on December 31, 2002.
‘‘SEC. 1400B. ZERO PERCENT CAPITAL GAINS RATE.

‘‘(a) EXCLUSION.—Gross income shall not include qualified capital gain from the sale or exchange of any DC Zone asset held for more than 5 years. ‘‘(b) DC ZONE ASSET.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘DC Zone asset’ means— ‘‘(A) any DC Zone business stock, ‘‘(B) any DC Zone partnership interest, and ‘‘(C) any DC Zone business property. ‘‘(2) DC ZONE BUSINESS STOCK.— ‘‘(A) IN GENERAL.—The term ‘DC Zone business stock’ means any stock in a domestic corporation which is originally issued after December 31, 1997, if— ‘‘(i) such stock is acquired by the taxpayer, before January 1, 2003, at its original issue (directly or through an underwriter) solely in exchange for cash, ‘‘(ii) as of the time such stock was issued, such corporation was a DC Zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being a DC Zone business), and ‘‘(iii) during substantially all of the taxpayer’s holding period for such stock, such corporation qualified as a DC Zone business. ‘‘(B) REDEMPTIONS.—A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ‘‘(3) DC ZONE PARTNERSHIP INTEREST.—The term ‘DC Zone partnership interest’ means any capital or profits interest in a domestic partnership which is originally issued after December 31, 1997, if— ‘‘(A) such interest is acquired by the taxpayer, before January 1, 2003, from the partnership solely in exchange for cash, ‘‘(B) as of the time such interest was acquired, such partnership was a DC Zone business (or, in the case of a

82 new partnership, such partnership was being organized for purposes of being a DC Zone business), and ‘‘(C) during substantially all of the taxpayer’s holding period for such interest, such partnership qualified as a DC Zone business. A rule similar to the rule of paragraph (2)(B) shall apply for purposes of this paragraph. ‘‘(4) DC ZONE BUSINESS PROPERTY.— ‘‘(A) IN GENERAL.—The term ‘DC Zone business property’ means tangible property if— ‘‘(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after December 31, 1997, and before January 1, 2003, ‘‘(ii) the original use of such property in the DC Zone commences with the taxpayer, and ‘‘(iii) during substantially all of the taxpayer’s holding period for such property, substantially all of the use of such property was in a DC Zone business of the taxpayer. ‘‘(B) SPECIAL RULE FOR BUILDINGS WHICH ARE SUBSTANTIALLY IMPROVED.— ‘‘(i) IN GENERAL.—The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as met with respect to— ‘‘(I) property which is substantially improved by the taxpayer before January 1, 2003, and ‘‘(II) any land on which such property is located. ‘‘(ii) SUBSTANTIAL IMPROVEMENT.—For purposes of clause (i), property shall be treated as substantially improved by the taxpayer only if, during any 24-month period beginning after December 31, 1997, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of— ‘‘(I) an amount equal to the adjusted basis of such property at the beginning of such 24-month period in the hands of the taxpayer, or ‘‘(II) $5,000. ‘‘(6) TREATMENT OF SUBSEQUENT PURCHASERS, ETC.—The term ‘DC Zone asset’ includes any property which would be a DC Zone asset but for paragraph (2)(A)(i), (3)(A), or (4)(A)(ii) in the hands of the taxpayer if such property was a DC Zone asset in the hands of a prior holder. ‘‘(7) 5-YEAR SAFE HARBOR.—If any property ceases to be a DC Zone asset by reason of paragraph (2)(A)(iii), (3)(C), or (4)(A)(iii) after the 5-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which subsection (a) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation.

83 ‘‘(c) DC ZONE BUSINESS.—For purposes of this section, the term ‘DC Zone business’ means any entity which is an enterprise zone business (as defined in section 1397B), determined— ‘‘(1) after the application of section 1400(e), ‘‘(2) by substituting ‘‘80 percent’’ for ‘‘50 percent’’ in subsections (b)(2) and (c)(1) of section 1397B, and ‘‘(3) by treating no area other than the DC Zone as an empowerment zone or enterprise community. ‘‘(d) TREATMENT OF ZONE AS INCLUDING CENSUS TRACTS WITH 10 PERCENT POVERTY RATE.—For purposes of applying this section (and for purposes of applying this subchapter and subchapter U with respect to this section), the DC Zone shall be treated as including all census tracts— ‘‘(1) which are located in the District of Columbia, and ‘‘(2) for which the poverty rate is not less than 10 percent. ‘‘(e) OTHER DEFINITIONS AND SPECIAL RULES.—For purposes of this section— ‘‘(1) QUALIFIED CAPITAL GAIN.—Except as otherwise provided in this subsection, the term ‘qualified capital gain’ means any gain recognized on the sale or exchange of— ‘‘(A) a capital asset, or ‘‘(B) property used in the trade or business (as defined in section 1231(b)). ‘‘(2) GAIN BEFORE 1998 OR AFTER 2007 NOT QUALIFIED.—The term ‘qualified capital gain’ shall not include any gain attributable to periods before January 1, 1998, or after December 31, 2007. ‘‘(3) CERTAIN GAIN NOT QUALIFIED.—The term ‘qualified capital gain’ shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ‘‘(4) INTANGIBLES AND LAND NOT INTEGRAL PART OF DC ZONE BUSINESS.—The term ‘qualified capital gain’ shall not include any gain which is attributable to real property, or an intangible asset, which is not an integral part of a DC Zone business. ‘‘(5) RELATED PARTY TRANSACTIONS.—The term ‘qualified capital gain’ shall not include any gain attributable, directly or indirectly, in whole or in part, to a transaction with a related person. For purposes of this paragraph, persons are related to each other if such persons are described in section 267(b) or 707(b)(1). ‘‘(f) CERTAIN OTHER RULES TO APPLY.—Rules similar to the rules of subsections (g), (h), (i)(2), and (j) of section 1202 shall apply for purposes of this section. ‘‘(g) SALES AND EXCHANGES OF INTERESTS IN PARTNERSHIPS AND S CORPORATIONS WHICH ARE DC ZONE BUSINESSES.—In the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was a DC Zone business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to—

84 ‘‘(1) any gain which is attributable to real property, or an intangible asset, which is not an integral part of a DC Zone business, and ‘‘(2) any gain attributable to periods before January 1, 1998, or after December 31, 2007.
‘‘SEC. 1400C. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA.

‘‘(a) ALLOWANCE OF CREDIT.—In the case of an individual who is a first-time homebuyer of a principal residence in the District of Columbia during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $5,000. ‘‘(b) LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.— ‘‘(1) IN GENERAL.—The amount allowable as a credit under subsection (a) (determined without regard to this subsection) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the credit so allowable as— ‘‘(A) the excess (if any) of— ‘‘(i) the taxpayer’s modified adjusted gross income for such taxable year, over ‘‘(ii) $70,000 ($110,000 in the case of a joint return), bears to ‘‘(B) $20,000. ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.—For purposes of paragraph (1), the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ‘‘(c) FIRST-TIME HOMEBUYER.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘first-time homebuyer’ has the same meaning as when used in section 72(t)(8)(D)(i), except that ‘principal residence in the District of Columbia during the 1year period’ shall be substituted for ‘principal residence during the 2-year period’ in subclause (I) thereof. ‘‘(2) ONE-TIME ONLY.—If an individual is treated as a firsttime homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ‘‘(3) PRINCIPAL RESIDENCE.—The term ‘principal residence’ has the same meaning as when used in section 121. ‘‘(d) CARRYOVER OF CREDIT.—If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ‘‘(e) SPECIAL RULES.—For purposes of this section— ‘‘(1) ALLOCATION OF DOLLAR LIMITATION.— ‘‘(A) MARRIED INDIVIDUALS FILING SEPARATELY.—In the case of a married individual filing a separate return, sub-

85 section (a) shall be applied by substituting ‘$2,500’ for ‘$5,000’. ‘‘(B) OTHER TAXPAYERS.—If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000. ‘‘(2) PURCHASE.— ‘‘(A) IN GENERAL.—The term ‘purchase’ means any acquisition, but only if— ‘‘(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants), and ‘‘(ii) the basis of the property in the hands of the person acquiring it is not determined— ‘‘(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ‘‘(II) under section 1014(a) (relating to property acquired from a decedent). ‘‘(B) CONSTRUCTION.—A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer. ‘‘(3) PURCHASE PRICE.—The term ‘purchase price’ means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)). ‘‘(f) REPORTING.—If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ‘‘(g) CREDIT TREATED AS NONREFUNDABLE PERSONAL CREDIT.— For purposes of this title, the credit allowed by this section shall be treated as a credit allowable under subpart A of part IV of subchapter A of this chapter. ‘‘(h) BASIS ADJUSTMENT.—For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ‘‘(i) TERMINATION.—This section shall not apply to any property purchased after December 31, 2000.’’ (b) CONFORMING AMENDMENTS.— (1) Subsection (d) of section 39 is amended by adding at the end the following new paragraph: ‘‘(8) NO CARRYBACK OF DC ZONE CREDITS BEFORE EFFECTIVE DATE.—No portion of the unused business credit for any taxable year which is attributable to the credits allowable under subchapter U by reason of section 1400 may be carried back to a

86 taxable year ending before the date of the enactment of section 1400.’’ (2) Subsection (a) of section 1016 is amended by striking ‘‘and’’ at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ‘‘, and’’, and by adding at the end thereof the following new paragraph: ‘‘(27) in the case of a residence with respect to which a credit was allowed under section 1400C, to the extent provided in section 1400C(h).’’ (c) CLERICAL AMENDMENT.—The table of subchapters for chapter 1 is amended by adding at the end the following new item:
‘‘Subchapter W. District of Columbia Enterprise Zone.’’.

(d) EFFECTIVE DATE.—Except as provided in subsection (c), the amendments made by this section shall take effect on the date of the enactment of this Act.

TITLE VIII—WELFARE-TO-WORK INCENTIVES
SEC. 801. INCENTIVES FOR EMPLOYING LONG-TERM FAMILY ASSISTANCE RECIPIENTS.

(a) IN GENERAL.—Subpart F of part IV of subchapter A of chapter 1 is amended by inserting after section 51 the following new section:
‘‘SEC. 51A. TEMPORARY INCENTIVES FOR EMPLOYING LONG-TERM FAMILY ASSISTANCE RECIPIENTS.

‘‘(a) DETERMINATION OF AMOUNT.—For purposes of section 38, the amount of the welfare-to-work credit determined under this section for the taxable year shall be equal to— ‘‘(1) 35 percent of the qualified first-year wages for such year, and ‘‘(2) 50 percent of the qualified second-year wages for such year. ‘‘(b) QUALIFIED WAGES DEFINED.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified wages’ means the wages paid or incurred by the employer during the taxable year to individuals who are long-term family assistance recipients. ‘‘(2) QUALIFIED FIRST-YEAR WAGES.—The term ‘qualified first-year wages’ means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer. ‘‘(3) QUALIFIED SECOND-YEAR WAGES.—The term ‘qualified second-year wages’ means, with respect to any individual, qualified wages attributable to service rendered during the 1year period beginning on the day after the last day of the 1-year period with respect to such individual determined under paragraph (2). ‘‘(4) ONLY FIRST $10,000 OF WAGES PER YEAR TAKEN INTO ACCOUNT.—The amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken

87 into account with respect to any individual shall not exceed $10,000 per year. ‘‘(5) WAGES.— ‘‘(A) IN GENERAL.—The term ‘wages’ has the meaning given such term by section 51(c), without regard to paragraph (4) thereof. ‘‘(B) CERTAIN AMOUNTS TREATED AS WAGES.—The term ‘wages’ includes amounts paid or incurred by the employer which are excludable from such recipient’s gross income under— ‘‘(i) section 105 (relating to amounts received under accident and health plans), ‘‘(ii) section 106 (relating to contributions by employer to accident and health plans), ‘‘(iii) section 127 (relating to educational assistance programs) or would be so excludable but for section 127(d), but only to the extent paid or incurred to a person not related to the employer, or ‘‘(iv) section 129 (relating to dependent care assistance programs). The amount treated as wages by clause (i) or (ii) for any period shall be based on the reasonable cost of coverage for the period, but shall not exceed the applicable premium for the period under section 4980B(f)(4). ‘‘(C) SPECIAL RULES FOR AGRICULTURAL AND RAILWAY LABOR.—If such recipient is an employee to whom subparagraph (A) or (B) of section 51(h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that— ‘‘(i) such subparagraph (A) shall be applied by substituting ‘$10,000’ for ‘$6,000’, and ‘‘(ii) such subparagraph (B) shall be applied by substituting ‘$833.33’ for ‘$500’. ‘‘(c) LONG-TERM FAMILY ASSISTANCE RECIPIENTS.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘long-term family assistance recipient’ means any individual who is certified by the designated local agency (as defined in section 51(d)(10))— ‘‘(A) as being a member of a family receiving assistance under a IV–A program (as defined in section 51(d)(2)(B)) for at least the 18-month period ending on the hiring date, ‘‘(B)(i) as being a member of a family receiving such assistance for 18 months beginning after the date of the enactment of this section, and ‘‘(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18-month period, or ‘‘(C)(i) as being a member of a family which ceased to be eligible after the date of the enactment of this section for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ‘‘(ii) as having a hiring date which is not more than 2 years after the date of such cessation. ‘‘(2) HIRING DATE.—The term ‘hiring date’ has the meaning given such term by section 51(d).

88 ‘‘(d) CERTAIN RULES TO APPLY.— ‘‘(1) IN GENERAL.—Rules similar to the rules of section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997), (j), and (k) of section 51, shall apply for purposes of this section. ‘‘(2) CREDIT TO BE PART OF GENERAL BUSINESS CREDIT, ETC.—References to section 51 in section 38(b), 280C(a), and 1396(c)(3) shall be treated as including references to this section. ‘‘(e) COORDINATION WITH WORK OPPORTUNITY CREDIT.—If a credit is allowed under this section to an employer with respect to an individual for any taxable year, then for purposes of applying section 51 to such employer, such individual shall not be treated as a member of a targeted group for such taxable year. ‘‘(f) TERMINATION.—This section shall not apply to individuals who begin work for the employer after April 30, 1999.’’. (b) CLERICAL AMENDMENT.—The table of sections for subpart F of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 51 the following new item:
‘‘Sec. 51A. Temporary incentives for employing long-term family assistance recipients.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 1997.

TITLE IX—MISCELLANEOUS PROVISIONS Subtitle A—Provisions Relating to Excise Taxes
SEC. 901. GENERAL REVENUE PORTION OF HIGHWAY MOTOR FUELS TAXES DEPOSITED INTO HIGHWAY TRUST FUND.

(a) IN GENERAL.—Paragraph (4) of section 9503(b) (relating to certain additional taxes not transferred to Highway Trust Fund) is amended to read as follows: ‘‘(4) CERTAIN TAXES NOT TRANSFERRED TO HIGHWAY TRUST FUND.—For purposes of paragraphs (1) and (2), there shall not be taken into account the taxes imposed by— ‘‘(A) section 4041(d), ‘‘(B) section 4081 to the extent attributable to the rate specified in section 4081(a)(2)(B), ‘‘(C) section 4041 or 4081 to the extent attributable to fuel used in a train, ‘‘(D) in the case of fuels used as described in paragraph (4)(D), (5)(B), or (6)(D) of subsection (c), section 4041 or 4081— ‘‘(i) with respect to so much of the rate of tax on gasoline or special motor fuels as exceeds 11.5 cents per gallon, and ‘‘(ii) with respect to so much of the rate of tax on diesel fuel or kerosene as exceeds 17.5 cents per gallon,

89 ‘‘(E) in the case of fuels described in section 4041(b)(2)(A), 4041(k), or 4081(c), section 4041 or 4081 before October 1, 1999, with respect to a rate equal to 2.5 cents per gallon, or ‘‘(F) in the case of fuels described in section 4081(c)(2), such section before October 1, 1999, with respect to a rate equal to 2.8 cents per gallon.’’. (b) MASS TRANSIT PORTION.—Section 9503(e)(2) (relating to transfers to Mass Transit Account) is amended by striking ‘‘2 cents’’ and inserting ‘‘2.85 cents’’. (c) LIMITATION ON EXPENDITURES.—Subsection (c) of section 9503 is amended by adding at the end the following new paragraph: ‘‘(7) LIMITATION ON EXPENDITURES.—Notwithstanding any other provision of law, in calculating amounts under section 157(a) of title 23, United States Code, and sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 1914), deposits in the Highway Trust Fund resulting from the amendments made by the Taxpayer Relief Act of 1997 shall not be taken into account.’’. (d) TECHNICAL AMENDMENTS.— (1) Section 9503 is amended by striking subsection (f). (2) The last sentence of subparagraph (A) of section 9503(c)(2) is amended by striking ‘‘by taking into account only the Highway Trust Fund financing rate applicable to any fuel’’ and inserting ‘‘by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund’’. (3) Paragraphs (4)(D), (5)(B), and (6)(D) of section 9503(c) are each amended by striking ‘‘attributable to the Highway Trust Fund financing rate’’ and inserting ‘‘deposited into the Highway Trust Fund’’. (e) DELAYED DEPOSITS OF HIGHWAY MOTOR FUEL TAX REVENUES.—Notwithstanding section 6302 of the Internal Revenue Code of 1986, in the case of deposits of taxes imposed by sections 4041 and 4081 (other than subsection (a)(2)(A)(ii)) of the Internal Revenue Code of 1986, the due date for any deposit which would (but for this subsection) be required to be made after July 31, 1998, and before October 1, 1998, shall be October 5, 1998. (f) EFFECTIVE DATE.—The amendments made by this section shall apply to taxes received in the Treasury after September 30, 1997.
SEC. 902. REPEAL OF TAX ON DIESEL FUEL USED IN RECREATIONAL BOATS.

(a) IN GENERAL.—Subparagraph (B) of section 6421(e)(2) (defining off-highway business use) is amended by striking clauses (iii) and (iv). (b) CONFORMING AMENDMENTS.— (1) Subparagraph (A) of section 4041(a)(1) is amended— (A) by striking ‘‘, a diesel-powered train, or a dieselpowered boat’’ each place it appears and inserting ‘‘or a diesel-powered train’’, and (B) by striking ‘‘vehicle, train, or boat’’ and inserting ‘‘vehicle or train’’.

90 (2) Paragraph (1) of section 4041(a) is amended by striking subparagraph (D). (3) Paragraph (3) of section 4083(a) is amended by striking ‘‘, a diesel-powered train, or a diesel-powered boat’’ and inserting ‘‘or a diesel-powered train’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 1998.
SEC. 903. CONTINUED APPLICATION OF TAX ON IMPORTED RECYCLED HALON-1211.

(a) IN GENERAL.—Paragraph (1) of section 4682(d) is amended by striking ‘‘recycled halon’’ and inserting ‘‘recycled Halon-1301 or recycled Halon-2402’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
SEC. 904. UNIFORM RATE OF TAX ON VACCINES.

(a) IN GENERAL.—Subsection (b) of section 4131 is amended to read as follows: ‘‘(b) AMOUNT OF TAX.— ‘‘(1) IN GENERAL.—The amount of the tax imposed by subsection (a) shall be 75 cents per dose of any taxable vaccine. ‘‘(2) COMBINATIONS OF VACCINES.—If any taxable vaccine is described in more than 1 subparagraph of section 4132(a)(1), the amount of the tax imposed by subsection (a) on such vaccine shall be the sum of the amounts for the vaccines which are so included.’’. (b) TAXABLE VACCINES.—Paragraph (1) of section 4132(a) is amended to read as follows: ‘‘(1) TAXABLE VACCINE.—The term ‘taxable vaccine’ means any of the following vaccines which are manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing: ‘‘(A) Any vaccine containing diphtheria toxoid. ‘‘(B) Any vaccine containing tetanus toxoid. ‘‘(C) Any vaccine containing pertussis bacteria, extracted or partial cell bacteria, or specific pertussis antigens. ‘‘(D) Any vaccine against measles. ‘‘(E) Any vaccine against mumps. ‘‘(F) Any vaccine against rubella. ‘‘(G) Any vaccine containing polio virus. ‘‘(H) Any HIB vaccine. ‘‘(I) Any vaccine against hepatitis B. ‘‘(J) Any vaccine against chicken pox.’’. (c) CONFORMING AMENDMENT.—Subsection (a) of section 4132 is amended by striking paragraphs (2), (3), (4), and (5) and by redesignating paragraphs (6) through (8) as paragraphs (2) through (4), respectively. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the day after the date of the enactment of this Act. (e) LIMITATION ON CERTAIN CREDITS OR REFUNDS.—For purposes of applying section 4132(b) of the Internal Revenue Code of 1986 with respect to any claim for credit or refund filed before Jan-

91 uary 1, 1999, the amount of tax taken into account shall not exceed the tax computed under the rate in effect on the day after the date of the enactment of this Act.
SEC. 905. OPERATORS OF MULTIPLE GASOLINE RETAIL OUTLETS TREATED AS WHOLESALE DISTRIBUTOR FOR REFUND PURPOSES.

(a) IN GENERAL.—Subparagraph (B) of section 6416(a)(4) (defining wholesale distributor) is amended by adding at the end the following new sentence: ‘‘Such term includes any person who makes retail sales of gasoline at 10 or more retail motor fuel outlets.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act.
SEC. 906. EXEMPTION OF ELECTRIC AND OTHER CLEAN-FUEL MOTOR VEHICLES FROM LUXURY AUTOMOBILE CLASSIFICATION.

(a) IN GENERAL.—Subsection (a) of section 4001 (relating to imposition of tax) is amended to read as follows: ‘‘(a) IMPOSITION OF TAX.— ‘‘(1) IN GENERAL.—There is hereby imposed on the 1st retail sale of any passenger vehicle a tax equal to 10 percent of the price for which so sold to the extent such price exceeds the applicable amount. ‘‘(2) APPLICABLE AMOUNT.— ‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the applicable amount is $30,000. ‘‘(B) QUALIFIED CLEAN-FUEL VEHICLE PROPERTY.—In the case of a passenger vehicle which is propelled by a fuel which is not a clean-burning fuel and to which is installed qualified clean-fuel vehicle property (as defined in section 179A(c)(1)(A)) for purposes of permitting such vehicle to be propelled by a clean-burning fuel, the applicable amount is equal to the sum of— ‘‘(i) the dollar amount in effect under subparagraph (A), plus ‘‘(ii) the increase in the price for which the passenger vehicle was sold (within the meaning of section 4002) due to the installation of such property. ‘‘(C) PURPOSE BUILT PASSENGER VEHICLE.— ‘‘(i) IN GENERAL.—In the case of a purpose built passenger vehicle, the applicable amount is equal to 150 percent of the dollar amount in effect under subparagraph (A). ‘‘(ii) PURPOSE BUILT PASSENGER VEHICLE.—For purposes of clause (i), the term ‘purpose built passenger vehicle’ means a passenger vehicle produced by an original equipment manufacturer and designed so that the vehicle may be propelled primarily by electricity.’’. (b) CONFORMING AMENDMENTS.— (1) Subsection (e) of section 4001 (relating to inflation adjustment) is amended by striking ‘‘and section 4003(a)’’. (2) Subsection (f) of section 4001 (relating to phasedown) is amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’.

92 (3) Subparagraph (A) of section 4003(a)(1) is amended by inserting ‘‘(other than property described in section 4001(a)(2)(B))’’ after ‘‘part or accessory’’. (4) Subparagraph (B) of section 4003(a)(2) is amended to read as follows: ‘‘(B) the appropriate applicable amount as determined under section 4001(a)(2).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales and installations occurring after the date of the enactment of this Act.
SEC. 907. RATE OF TAX ON CERTAIN SPECIAL FUELS DETERMINED ON BASIS OF BTU EQUIVALENCY WITH GASOLINE.

(a) SPECIAL MOTOR FUELS.— (1) IN GENERAL.—Paragraph (2) of section 4041(a) (relating to special motor fuels) is amended to read as follows: ‘‘(2) SPECIAL MOTOR FUELS.— ‘‘(A) IN GENERAL.—There is hereby imposed a tax on any liquid (other than kerosene, gas oil, fuel oil, or any product taxable under section 4081)— ‘‘(i) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or ‘‘(ii) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such liquid under clause (i). ‘‘(B) RATE OF TAX.—The rate of the tax imposed by this paragraph shall be— ‘‘(i) except as otherwise provided in this subparagraph, the rate of tax specified in section 4081(a)(2)(A)(i) which is in effect at the time of such sale or use, ‘‘(ii) 13.6 cents per gallon in the case of liquefied petroleum gas, and ‘‘(iii) 11.9 cents per gallon in the case of liquefied natural gas. In the case of any sale or use after September 30, 1999, clause (ii) shall be applied by substituting ‘3.2 cents’ for ‘13.6 cents’, and clause (iii) shall be applied by substituting ‘2.8 cents’ for ‘11.9 cents’.’’. (2) CONFORMING AMENDMENT.—Paragraph (1) of section 4041(d) is amended by inserting ‘‘and other than liquefied natural gas’’ after ‘‘liquefied petroleum gas’’. (b) METHANOL FUEL PRODUCED FROM NATURAL GAS.—Subparagraph (A) of section 4041(m)(1) is amended to read as follows: ‘‘(A) the rate of the tax imposed by subsection (a)(2) shall be— ‘‘(i) after September 30, 1997, and before October 1, 1999— ‘‘(I) in the case of fuel none of the alcohol in which consists of ethanol, 9.15 cents per gallon, and ‘‘(II) in any other case, 11.3 cents per gallon, and ‘‘(ii) after September 30, 1999—

93 ‘‘(I) in the case of fuel none of the alcohol in which consists of ethanol, 2.15 cents per gallon, and ‘‘(II) in any other case, 4.3 cents per gallon, and’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1997.
SEC. 908. MODIFICATION OF TAX TREATMENT OF HARD CIDER.

(a) HARD CIDER CONTAINING LESS THAN 7 PERCENT ALCOHOL TAXED AS WINE.—Subsection (b) of section 5041 (relating to imposition and rate of tax) is amended by striking ‘‘and’’ at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ‘‘; and’’, and by adding at the end the following new paragraph: ‘‘(6) On hard cider derived primarily from apples or apple concentrate and water, containing no other fruit product, and containing at least one-half of 1 percent and less than 7 percent alcohol by volume, 22.6 cents per wine gallon.’’. (b) APPLICATION OF SMALL PRODUCER CREDIT.—Paragraph (1) of section 5041(c) (relating to credit for small domestic producers) is amended by adding at the end the following new sentence: ‘‘In the case of wine described in subsection (b)(6), the preceding sentence shall be applied by substituting ‘5.6 cents’ for ‘90 cents’.’’ (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1997.
SEC. 909. STUDY OF FEASIBILITY OF MOVING COLLECTION POINT FOR DISTILLED SPIRITS EXCISE TAX.

(a) IN GENERAL.—The Secretary of the Treasury or his delegate shall conduct a study of options for changing the event on which the tax imposed by section 5001 of the Internal Revenue Code of 1986 is determined. One such option which shall be studied is determining such tax on removal from registered wholesale warehouses. In studying each such option, such Secretary shall focus on administrative issues including— (1) tax compliance, (2) the number of taxpayers required to pay the tax, (3) the types of financial responsibility requirements that might be required, and (4) special requirements regarding segregation of non-taxpaid distilled spirits from other products. Such study shall review the effects of each such option on the Department of the Treasury (including staffing and other demands on budgetary resources) and the change in the period between the time such tax is currently paid and the time such tax would be paid under each such option. (b) REPORT.—The report of such study shall be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than March 31, 1998.

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SEC. 910. CLARIFICATION OF AUTHORITY TO USE SEMI-GENERIC DESIGNATIONS ON WINE LABELS.

(a) IN GENERAL.—Section 5388 (relating to designation of wines) is amended by adding at the end the following new subsection: ‘‘(c) USE OF SEMI-GENERIC DESIGNATIONS.— ‘‘(1) IN GENERAL.—Semi-generic designations may be used to designate wines of an origin other than that indicated by such name only if— ‘‘(A) there appears in direct conjunction therewith an appropriate appellation of origin disclosing the true place of origin of the wine, and ‘‘(B) the wine so designated conforms to the standard of identity, if any, for such wine contained in the regulations under this section or, if there is no such standard, to the trade understanding of such class or type. ‘‘(2) DETERMINATION OF WHETHER NAME IS SEMI-GENERIC.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), a name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the Secretary. ‘‘(B) CERTAIN NAMES TREATED AS SEMI-GENERIC.—The following names shall be treated as semi-generic: Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine or Hock, Sauterne, Haut Sauterne, Sherry, Tokay.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of the enactment of this Act.

Subtitle B—Revisions Relating to Disasters
SEC. 911. AUTHORITY TO POSTPONE CERTAIN TAX-RELATED DEADLINES BY REASON OF PRESIDENTIALLY DECLARED DISASTER.

(a) IN GENERAL.—Chapter 77 is amended by inserting after section 7508 the following new section:
‘‘SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN TAX-RELATED DEADLINES BY REASON OF PRESIDENTIALLY DECLARED DISASTER.

‘‘(a) IN GENERAL.—In the case of a taxpayer determined by the Secretary to be affected by a Presidentially declared disaster (as defined by section 1033(h)(3)), the Secretary may prescribe regulations under which a period of up to 90 days may be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any penalty, additional amount, or addition to the tax) of such taxpayer— ‘‘(1) whether any of the acts described in paragraph (1) of section 7508(a) were performed within the time prescribed therefor, and ‘‘(2) the amount of any credit or refund. ‘‘(b) INTEREST ON OVERPAYMENTS AND UNDERPAYMENTS.—Subsection (a) shall not apply for the purpose of determining interest on any overpayment or underpayment.’’.

95 (b) CLERICAL AMENDMENT.—The table of sections for chapter 77 is amended by inserting after the item relating to section 7508 the following new item:
‘‘Sec. 7508A. Authority to postpone certain tax-related deadlines by reason of presidentially declared disaster.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to any period for performing an act that has not expired before the date of the enactment of this Act.
SEC. 912. USE OF CERTAIN APPRAISALS TO ESTABLISH AMOUNT OF DISASTER LOSS.

(a) IN GENERAL.—Subsection (i) of section 165 is amended by adding at the end the following new paragraph: ‘‘(4) USE OF DISASTER LOAN APPRAISALS TO ESTABLISH AMOUNT OF LOSS.—Nothing in this title shall be construed to prohibit the Secretary from prescribing regulations or other guidance under which an appraisal for the purpose of obtaining a loan of Federal funds or a loan guarantee from the Federal Government as a result of a Presidentially declared disaster (as defined by section 1033(h)(3)) may be used to establish the amount of any loss described in paragraph (1) or (2).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.
SEC. 913. TREATMENT OF LIVESTOCK SOLD ON ACCOUNT OF WEATHER-RELATED CONDITIONS.

(a) DEFERRAL OF INCOME INCLUSION.—Subsection (e) of section 451 (relating to special rules for proceeds from livestock sold on account of drought) is amended— (1) by striking ‘‘drought conditions, and that these drought conditions’’ in paragraph (1) and inserting ‘‘drought, flood, or other weather-related conditions, and that such conditions’’; and (2) by inserting ‘‘, FLOOD, OR OTHER WEATHER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in the subsection heading. (b) INVOLUNTARY CONVERSIONS.—Subsection (e) of section 1033 (relating to livestock sold on account of drought) is amended— (1) by inserting ‘‘, flood, or other weather-related conditions’’ before the period at the end thereof; and (2) by inserting ‘‘, FLOOD, OR OTHER WEATHER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in the subsection heading. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales and exchanges after December 31, 1996.
SEC. 914. MORTGAGE FINANCING FOR RESIDENCES LOCATED IN DISASTER AREAS.

Subsection (k) of section 143 (relating to mortgage revenue bonds; qualified mortgage bond and qualified veteran’s mortgage bond) is amended by adding at the end the following new paragraph: ‘‘(11) SPECIAL RULES FOR RESIDENCES LOCATED IN DISASTER AREAS.—In the case of a residence located in an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as in effect on the date of the enactment of the Taxpayer Relief Act of 1997), this section shall be

96 applied with the following modifications to financing provided with respect to such residence within 2 years after the date of the disaster declaration: ‘‘(A) Subsection (d) (relating to 3-year requirement) shall not apply. ‘‘(B) Subsections (e) and (f) (relating to purchase price requirement and income requirement) shall be applied as if such residence were a targeted area residence. The preceding sentence shall apply only with respect to bonds issued after December 31, 1996, and before January 1, 1999.’’.
SEC. 915. ABATEMENT OF INTEREST ON UNDERPAYMENTS BY TAXPAYERS IN PRESIDENTIALLY DECLARED DISASTER AREAS.

(a) IN GENERAL.—If the Secretary of the Treasury extends for any period the time for filing income tax returns under section 6081 of the Internal Revenue Code of 1986 and the time for paying income tax with respect to such returns under section 6161 of such Code (and waives any penalties relating to the failure to so file or so pay) for any individual located in a Presidentially declared disaster area, the Secretary shall, notwithstanding section 7508A(b) of such Code, abate for such period the assessment of any interest prescribed under section 6601 of such Code on such income tax. (b) PRESIDENTIALLY DECLARED DISASTER AREA.—For purposes of subsection (a), the term ‘‘Presidentially declared disaster area’’ means, with respect to any individual, any area which the President has determined during 1997 warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (c) INDIVIDUAL.—For purposes of this section, the term ‘‘individual’’ shall not include any estate or trust. (d) EFFECTIVE DATE.—This section shall apply to disasters declared after December 31, 1996.

Subtitle C—Provisions Relating to Employment Taxes
SEC. 921. CLARIFICATION OF STANDARD TO BE USED IN DETERMINING EMPLOYMENT TAX STATUS OF SECURITIES BROKERS.

(a) IN GENERAL.—In determining for purposes of the Internal Revenue Code of 1986 whether a registered representative of a securities broker-dealer is an employee (as defined in section 3121(d) of the Internal Revenue Code of 1986), no weight shall be given to instructions from the service recipient which are imposed only in compliance with investor protection standards imposed by the Federal Government, any State government, or a governing body pursuant to a delegation by a Federal or State agency. (b) EFFECTIVE DATE.—Subsection (a) shall apply to services performed after December 31, 1997.
SEC. 922. CLARIFICATION OF EXEMPTION FROM SELF-EMPLOYMENT TAX FOR CERTAIN TERMINATION PAYMENTS RECEIVED BY FORMER INSURANCE SALESMEN.

(a) INTERNAL REVENUE CODE.—Section 1402 (relating to definitions) is amended by adding at the end the following new subsection:

97 ‘‘(k) CODIFICATION OF TREATMENT OF CERTAIN TERMINATION PAYMENTS RECEIVED BY FORMER INSURANCE SALESMEN.—Nothing in subsection (a) shall be construed as including in the net earnings from self-employment of an individual any amount received during the taxable year from an insurance company on account of services performed by such individual as an insurance salesman for such company if— ‘‘(1) such amount is received after termination of such individual’s agreement to perform such services for such company, ‘‘(2) such individual performs no services for such company after such termination and before the close of such taxable year, ‘‘(3) such individual enters into a covenant not to compete against such company which applies to at least the 1-year period beginning on the date of such termination, and ‘‘(4) the amount of such payment— ‘‘(A) depends primarily on policies sold by or credited to the account of such individual during the last year of such agreement or the extent to which such policies remain in force for some period after such termination, or both, and ‘‘(B) does not depend to any extent on length of service or overall earnings from services performed for such company (without regard to whether eligibility for payment depends on length of service).’’. (b) SOCIAL SECURITY ACT.—Section 211 of the Social Security Act is amended by adding at the end the following new subsection: ‘‘Codification of Treatment of Certain Termination Payments Received by Former Insurance Salesmen ‘‘(j) Nothing in subsection (a) shall be construed as including in the net earnings from self-employment of an individual any amount received during the taxable year from an insurance company on account of services performed by such individual as an insurance salesman for such company if— ‘‘(1) such amount is received after termination of such individual’s agreement to perform such services for such company, ‘‘(2) such individual performs no services for such company after such termination and before the close of such taxable year, ‘‘(3) such individual enters into a covenant not to compete against such company which applies to at least the 1-year period beginning on the date of such termination, and ‘‘(4) the amount of such payment— ‘‘(A) depends primarily on policies sold by or credited to the account of such individual during the last year of such agreement or the extent to which such policies remain in force for some period after such termination, or both, and ‘‘(B) does not depend to any extent on length of service or overall earnings from services performed for such company (without regard to whether eligibility for payment depends on length of service).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to payments after December 31, 1997.

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Subtitle D—Provisions Relating to Small Businesses
SEC. 931. WAIVER OF PENALTY THROUGH JUNE 30, 1998, ON SMALL BUSINESSES FAILING TO MAKE ELECTRONIC FUND TRANSFERS OF TAXES.

No penalty shall be imposed under the Internal Revenue Code of 1986 solely by reason of a failure by a person to use the electronic fund transfer system established under section 6302(h) of such Code if— (1) such person is a member of a class of taxpayers first required to use such system on or after July 1, 1997, and (2) such failure occurs before July 1, 1998.
SEC. 932. CLARIFICATION OF TREATMENT OF HOME OFFICE USE FOR ADMINISTRATIVE AND MANAGEMENT ACTIVITIES.

(a) IN GENERAL.—Paragraph (1) of section 280A(c) is amended by adding at the end the following new sentence: ‘‘For purposes of subparagraph (A), the term ‘principal place of business’ includes a place of business which is used by the taxpayer for the administrative or management activities of any trade or business of the taxpayer if there is no other fixed location of such trade or business where the taxpayer conducts substantial administrative or management activities of such trade or business.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1998.
SEC. 933. AVERAGING OF FARM INCOME OVER 3 YEARS.

(a) IN GENERAL.—Subchapter Q of chapter 1 (relating to readjustment of tax between years and special limitations) is amended by adding the following new part:

‘‘PART I—INCOME AVERAGING
‘‘Sec. 1301. Averaging of farm income. ‘‘SEC. 1301. AVERAGING OF FARM INCOME.

‘‘(a) IN GENERAL.—At the election of an individual engaged in a farming business, the tax imposed by section 1 for such taxable year shall be equal to the sum of— ‘‘(1) a tax computed under such section on taxable income reduced by elected farm income, plus ‘‘(2) the increase in tax imposed by section 1 which would result if taxable income for each of the 3 prior taxable years were increased by an amount equal to one-third of the elected farm income. Any adjustment under this section for any taxable year shall be taken into account in applying this section for any subsequent taxable year. ‘‘(b) DEFINITIONS.—In this section— ‘‘(1) ELECTED FARM INCOME.— ‘‘(A) IN GENERAL.—The term ‘elected farm income’ means so much of the taxable income for the taxable year— ‘‘(i) which is attributable to any farming business; and

99 ‘‘(ii) which is specified in the election under subsection (a). ‘‘(B) TREATMENT OF GAINS.—For purposes of subparagraph (A), gain from the sale or other disposition of property (other than land) regularly used by the taxpayer in such a farming business for a substantial period shall be treated as attributable to such a farming business. ‘‘(2) INDIVIDUAL.—The term ‘individual’ shall not include any estate or trust. ‘‘(3) FARMING BUSINESS.—The term ‘farming business’ has the meaning given such term by section 263A(e)(4). ‘‘(c) REGULATIONS.—The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations regarding— ‘‘(1) the order and manner in which items of income, gain, deduction, or loss, or limitations on tax, shall be taken into account in computing the tax imposed by this chapter on the income of any taxpayer to whom this section applies for any taxable year, and ‘‘(2) the treatment of any short taxable year.’’. (b) CLERICAL AMENDMENT.—The table of parts for such subchapter Q is amended by inserting before the item relating to part II the following new item:
‘‘Part I. Income averaging.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997, and before January 1, 2001.
SEC. 934. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.

(a) IN GENERAL.—The table contained in section 162(l)(1)(B) is amended to read as follows:
‘‘For taxable years beThe applicable ginning in calendar year— percentage is— 1997 ................................................................................................... 40 1998 and 1999 .................................................................................. 45 2000 and 2001 .................................................................................. 50 2002 ................................................................................................... 60 2003 through 2005 ............................................................................ 80 2006 ................................................................................................... 90 2007 and thereafter .......................................................................... 100.’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1996.
SEC. 935. MORATORIUM ON CERTAIN REGULATIONS.

No temporary or final regulation with respect to the definition of a limited partner under section 1402(a)(13) of the Internal Revenue Code of 1986 may be issued or made effective before July 1, 1998.

Subtitle E—Brownfields
SEC. 941. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

(a) IN GENERAL.—Part VI of subchapter B of chapter 1 is amended by adding at the end the following new section:

100
‘‘SEC. 198. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

‘‘(a) IN GENERAL.—A taxpayer may elect to treat any qualified environmental remediation expenditure which is paid or incurred by the taxpayer as an expense which is not chargeable to capital account. Any expenditure which is so treated shall be allowed as a deduction for the taxable year in which it is paid or incurred. ‘‘(b) QUALIFIED ENVIRONMENTAL REMEDIATION EXPENDITURE.— For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified environmental remediation expenditure’ means any expenditure— ‘‘(A) which is otherwise chargeable to capital account, and ‘‘(B) which is paid or incurred in connection with the abatement or control of hazardous substances at a qualified contaminated site. ‘‘(2) SPECIAL RULE FOR EXPENDITURES FOR DEPRECIABLE PROPERTY.—Such term shall not include any expenditure for the acquisition of property of a character subject to the allowance for depreciation which is used in connection with the abatement or control of hazardous substances at a qualified contaminated site; except that the portion of the allowance under section 167 for such property which is otherwise allocated to such site shall be treated as a qualified environmental remediation expenditure. ‘‘(c) QUALIFIED CONTAMINATED SITE.—For purposes of this section— ‘‘(1) QUALIFIED CONTAMINATED SITE.— ‘‘(A) IN GENERAL.—The term ‘qualified contaminated site’ means any area— ‘‘(i) which is held by the taxpayer for use in a trade or business or for the production of income, or which is property described in section 1221(1) in the hands of the taxpayer, ‘‘(ii) which is within a targeted area, and ‘‘(iii) at or on which there has been a release (or threat of release) or disposal of any hazardous substance. ‘‘(B) TAXPAYER MUST RECEIVE STATEMENT FROM STATE ENVIRONMENTAL AGENCY.—An area shall be treated as a qualified contaminated site with respect to expenditures paid or incurred during any taxable year only if the taxpayer receives a statement from the appropriate agency of the State in which such area is located that such area meets the requirements of clauses (ii) and (iii) of subparagraph (A). ‘‘(C) APPROPRIATE STATE AGENCY.—For purposes of subparagraph (B), the chief executive officer of each State may, in consultation with the Administrator of the Environmental Protection Agency, designate the appropriate State environmental agency within 60 days of the date of the enactment of this section. If the chief executive officer of a State has not designated an appropriate State environmental agency within such 60-day period, the appropriate

101 environmental agency for such State shall be designated by the Administrator of the Environmental Protection Agency. ‘‘(2) TARGETED AREA.— ‘‘(A) IN GENERAL.—The term ‘targeted area’ means— ‘‘(i) any population census tract with a poverty rate of not less than 20 percent, ‘‘(ii) a population census tract with a population of less than 2,000 if— ‘‘(I) more than 75 percent of such tract is zoned for commercial or industrial use, and ‘‘(II) such tract is contiguous to 1 or more other population census tracts which meet the requirement of clause (i) without regard to this clause, ‘‘(iii) any empowerment zone or enterprise community (and any supplemental zone designated on December 21, 1994), and ‘‘(iv) any site announced before February 1, 1997, as being included as a brownfields pilot project of the Environmental Protection Agency. ‘‘(B) NATIONAL PRIORITIES LISTED SITES NOT INCLUDED.—Such term shall not include any site which is on, or proposed for, the national priorities list under section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as in effect on the date of the enactment of this section). ‘‘(C) CERTAIN RULES TO APPLY.—For purposes of this paragraph the rules of sections 1392(b)(4) and 1393(a)(9) shall apply. ‘‘(d) HAZARDOUS SUBSTANCE.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘hazardous substance’ means— ‘‘(A) any substance which is a hazardous substance as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and ‘‘(B) any substance which is designated as a hazardous substance under section 102 of such Act. ‘‘(2) EXCEPTION.—Such term shall not include any substance with respect to which a removal or remedial action is not permitted under section 104 of such Act by reason of subsection (a)(3) thereof. ‘‘(e) DEDUCTION RECAPTURED AS ORDINARY INCOME ON SALE, ETC.—Solely for purposes of section 1245, in the case of property to which a qualified environmental remediation expenditure would have been capitalized but for this section— ‘‘(1) the deduction allowed by this section for such expenditure shall be treated as a deduction for depreciation, and ‘‘(2) such property (if not otherwise section 1245 property) shall be treated as section 1245 property solely for purposes of applying section 1245 to such deduction. ‘‘(f) COORDINATION WITH OTHER PROVISIONS.—Sections 280B and 468 shall not apply to amounts which are treated as expenses under this section.

102 ‘‘(g) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. ‘‘(h) TERMINATION.—This section shall not apply to expenditures paid or incurred after December 31, 2000.’’. (b) CLERICAL AMENDMENT.—The table of sections for part VI of subchapter B of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 198. Expensing of environmental remediation costs.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Subtitle F—Empowerment Zones, Enterprise Communities, Brownfields, and Community Development Financial Institutions
CHAPTER 1—ADDITIONAL EMPOWERMENT ZONES
SEC. 951. ADDITIONAL EMPOWERMENT ZONES.

(a) IN GENERAL.—Paragraph (2) of section 1391(b) (relating to designations of empowerment zones and enterprise communities) is amended— (1) by striking ‘‘9’’ and inserting ‘‘11’’, (2) by striking ‘‘6’’ and inserting ‘‘8’’, and (3) by striking ‘‘750,000’’ and inserting ‘‘1,000,000’’. (b) SPECIAL RULES FOR APPLICATION OF EMPLOYMENT CREDIT.—Subsection (b) of section 1396 (relating to empowerment zone employment credit) is amended— (1) by striking so much of the subsection as precedes the table and inserting the following: ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this section— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the term ‘applicable percentage’ means the percentage determined in accordance with the following table:’’, and (2) by adding at the end the following new paragraph: ‘‘(2) SPECIAL RULE.—With respect to each empowerment zone designated pursuant to the amendments made by the Taxpayer Relief Act of 1997 to section 1391(b)(2), the following table shall apply in lieu of the table in paragraph (1):
‘‘In the case of wages paid or incurred during The applicable calendar year— percentage is: 2000 through 2004 ............................................................................ 20 2005 ................................................................................................... 15 2006 ................................................................................................... 10 2007 ................................................................................................... 5.’’

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act, except that designations of new empowerment zones made pursuant to such amendments shall be made during the 180-day period beginning on

103 the date of the enactment of this Act. No designation pursuant to such amendments shall take effect before January 1, 2000. CHAPTER 2—NEW EMPOWERMENT ZONES
SEC. 952. DESIGNATION OF NEW EMPOWERMENT ZONES.

(a) IN GENERAL.—Section 1391 (relating to designation procedure for empowerment zones and enterprise communities) is amended by adding at the end the following new subsection: ‘‘(g) ADDITIONAL DESIGNATIONS PERMITTED.— ‘‘(1) IN GENERAL.—In addition to the areas designated under subsection (a), the appropriate Secretaries may designate in the aggregate an additional 20 nominated areas as empowerment zones under this section, subject to the availability of eligible nominated areas. Of that number, not more than 15 may be designated in urban areas and not more than 5 may be designated in rural areas. ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE AND TAKE EFFECT.—A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 1999. ‘‘(3) MODIFICATIONS TO ELIGIBILITY CRITERIA, ETC.— ‘‘(A) POVERTY RATE REQUIREMENT.— ‘‘(i) IN GENERAL.—A nominated area shall be eligible for designation under this subsection only if the poverty rate for each population census tract within the nominated area is not less than 20 percent and the poverty rate for at least 90 percent of the population census tracts within the nominated area is not less than 25 percent. ‘‘(ii) TREATMENT OF CENSUS TRACTS WITH SMALL POPULATIONS.—A population census tract with a population of less than 2,000 shall be treated as having a poverty rate of not less than 25 percent if— ‘‘(I) more than 75 percent of such tract is zoned for commercial or industrial use, and ‘‘(II) such tract is contiguous to 1 or more other population census tracts which have a poverty rate of not less than 25 percent (determined without regard to this clause). ‘‘(iii) EXCEPTION FOR DEVELOPABLE SITES.—Clause (i) shall not apply to up to 3 noncontiguous parcels in a nominated area which may be developed for commercial or industrial purposes. The aggregate area of noncontiguous parcels to which the preceding sentence applies with respect to any nominated area shall not exceed 2,000 acres. ‘‘(iv) CERTAIN PROVISIONS NOT TO APPLY.—Section 1392(a)(4) (and so much of paragraphs (1) and (2) of section 1392(b) as relate to section 1392(a)(4)) shall not apply to an area nominated for designation under this subsection. ‘‘(v) SPECIAL RULE FOR RURAL EMPOWERMENT ZONE.—The Secretary of Agriculture may designate not more than 1 empowerment zone in a rural area with-

104 out regard to clause (i) if such area satisfies emigration criteria specified by the Secretary of Agriculture. ‘‘(B) SIZE LIMITATION.— ‘‘(i) IN GENERAL.—The parcels described in subparagraph (A)(iii) shall not be taken into account in determining whether the requirement of subparagraph (A) or (B) of section 1392(a)(3) is met. ‘‘(ii) SPECIAL RULE FOR RURAL AREAS.—If a population census tract (or equivalent division under section 1392(b)(4)) in a rural area exceeds 1,000 square miles or includes a substantial amount of land owned by the Federal, State, or local government, the nominated area may exclude such excess square mileage or governmentally owned land and the exclusion of that area will not be treated as violating the continuous boundary requirement of section 1392(a)(3)(B). ‘‘(C) AGGREGATE POPULATION LIMITATION.—The aggregate population limitation under the last sentence of subsection (b)(2) shall not apply to a designation under paragraph (1)(B). ‘‘(D) PREVIOUSLY DESIGNATED ENTERPRISE COMMUNITIES MAY BE INCLUDED.—Subsection (e)(5) shall not apply to any enterprise community designated under subsection (a) that is also nominated for designation under this subsection. ‘‘(E) INDIAN RESERVATIONS MAY BE NOMINATED.— ‘‘(i) IN GENERAL.—Section 1393(a)(4) shall not apply to an area nominated for designation under this subsection. ‘‘(ii) SPECIAL RULE.—An area in an Indian reservation shall be treated as nominated by a State and a local government if it is nominated by the reservation governing body (as determined by the Secretary of Interior).’’ (b) EMPLOYMENT CREDIT NOT TO APPLY TO NEW EMPOWERMENT ZONES.—Section 1396 (relating to empowerment zone employment credit) is amended by adding at the end the following new subsection: ‘‘(e) CREDIT NOT TO APPLY TO EMPOWERMENT ZONES DESIGNATED UNDER SECTION 1391(g).—This section shall be applied without regard to any empowerment zone designated under section 1391(g).’’ (c) INCREASED EXPENSING UNDER SECTION 179 NOT TO APPLY IN DEVELOPABLE SITES.—Section 1397A (relating to increase in expensing under section 179) is amended by adding at the end the following new subsection: ‘‘(c) LIMITATION.—For purposes of this section, qualified zone property shall not include any property substantially all of the use of which is in any parcel described in section 1391(g)(3)(A)(iii).’’ (d) CONFORMING AMENDMENTS.— (1) Subsections (e) and (f) of section 1391 are each amended by striking ‘‘subsection (a)’’ and inserting ‘‘this section’’. (2) Section 1391(c) is amended by striking ‘‘this section’’ and inserting ‘‘subsection (a)’’.

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SEC. 953. VOLUME CAP NOT TO APPLY TO ENTERPRISE ZONE FACILITY BONDS WITH RESPECT TO NEW EMPOWERMENT ZONES.

(a) IN GENERAL.—Section 1394 (relating to tax-exempt enterprise zone facility bonds) is amended by adding at the end the following new subsection: ‘‘(f) BONDS FOR EMPOWERMENT ZONES DESIGNATED UNDER SECTION 1391(g).— ‘‘(1) IN GENERAL.—In the case of a new empowerment zone facility bond— ‘‘(A) such bond shall not be treated as a private activity bond for purposes of section 146, and ‘‘(B) subsection (c) of this section shall not apply. ‘‘(2) LIMITATION ON AMOUNT OF BONDS.— ‘‘(A) IN GENERAL.—Paragraph (1) shall apply to a new empowerment zone facility bond only if such bond is designated for purposes of this subsection by the local government which nominated the area to which such bond relates. ‘‘(B) LIMITATION ON BONDS DESIGNATED.—The aggregate face amount of bonds which may be designated under subparagraph (A) with respect to any empowerment zone shall not exceed— ‘‘(i) $60,000,000 if such zone is in a rural area, ‘‘(ii) $130,000,000 if such zone is in an urban area and the zone has a population of less than 100,000, and ‘‘(iii) $230,000,000 if such zone is in an urban area and the zone has a population of at least 100,000. ‘‘(C) SPECIAL RULES.— ‘‘(i) COORDINATION WITH LIMITATION IN SUBSECTION (c).—Bonds to which paragraph (1) applies shall not be taken into account in applying the limitation of subsection (c) to other bonds. ‘‘(ii) CURRENT REFUNDING NOT TAKEN INTO ACCOUNT.—In the case of a refunding (or series of refundings) of a bond designated under this paragraph, the refunding obligation shall be treated as designated under this paragraph (and shall not be taken into account in applying subparagraph (B)) if— ‘‘(I) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ‘‘(II) the refunded bond is redeemed not later than 90 days after the date of issuance of the refunding bond. ‘‘(3) NEW EMPOWERMENT ZONE FACILITY BOND.—For purposes of this subsection, the term ‘new empowerment zone facility bond’ means any bond which would be described in subsection (a) if only empowerment zones designated under section 1391(g) were taken into account under sections 1397B and 1397C.’’ (b) EFFECTIVE DATE.—The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.

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SEC. 954. MODIFICATION TO ELIGIBILITY CRITERIA FOR DESIGNATION OF FUTURE ENTERPRISE ZONES IN ALASKA OR HAWAII.

Section 1392 (relating to eligibility criteria) is amended by adding at the end the following new subsection: ‘‘(d) SPECIAL ELIGIBILITY FOR NOMINATED AREAS LOCATED IN ALASKA OR HAWAII.—A nominated area in Alaska or Hawaii shall be treated as meeting the requirements of paragraphs (2), (3), and (4) of subsection (a) if for each census tract or block group within such area 20 percent or more of the families have income which is 50 percent or less of the statewide median family income (as determined under section 143).’’. CHAPTER 3—TREATMENT OF EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
SEC. 955. MODIFICATIONS TO ENTERPRISE ZONE FACILITY BOND RULES FOR ALL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES.

RELATING TO ENTERPRISE ZONE BUSIsection 1394(b) (defining enterprise zone business) is amended to read as follows: ‘‘(3) ENTERPRISE ZONE BUSINESS.— ‘‘(A) IN GENERAL.—Except as modified in this paragraph, the term ‘enterprise zone business’ has the meaning given such term by section 1397B. ‘‘(B) MODIFICATIONS.—In applying section 1397B for purposes of this section— ‘‘(i) BUSINESSES IN ENTERPRISE COMMUNITIES ELIGIBLE.—References in section 1397B to empowerment zones shall be treated as including references to enterprise communities. ‘‘(ii) WAIVER OF REQUIREMENTS DURING STARTUP PERIOD.—A business shall not fail to be treated as an enterprise zone business during the startup period if— ‘‘(I) as of the beginning of the startup period, it is reasonably expected that such business will be an enterprise zone business (as defined in section 1397B as modified by this paragraph) at the end of such period, and ‘‘(II) such business makes bona fide efforts to be such a business. ‘‘(iii) REDUCED REQUIREMENTS AFTER TESTING PERIOD.—A business shall not fail to be treated as an enterprise zone business for any taxable year beginning after the testing period by reason of failing to meet any requirement of subsection (b) or (c) of section 1397B if at least 35 percent of the employees of such business for such year are residents of an empowerment zone or an enterprise community. The preceding sentence shall not apply to any business which is not a qualified business by reason of paragraph (1), (4), or (5) of section 1397B(d). ‘‘(C) DEFINITIONS RELATING TO SUBPARAGRAPH (B).— For purposes of subparagraph (B)—

(a) MODIFICATIONS NESS.—Paragraph (3) of

107 ‘‘(i) STARTUP PERIOD.—The term ‘startup period’ means, with respect to any property being provided for any business, the period before the first taxable year beginning more than 2 years after the later of— ‘‘(I) the date of issuance of the issue providing such property, or ‘‘(II) the date such property is first placed in service after such issuance (or, if earlier, the date which is 3 years after the date described in subclause (I)). ‘‘(ii) TESTING PERIOD.—The term ‘testing period’ means the first 3 taxable years beginning after the startup period. ‘‘(D) PORTIONS OF BUSINESS MAY BE ENTERPRISE ZONE BUSINESS.—The term ‘enterprise zone business’ includes any trades or businesses which would qualify as an enterprise zone business (determined after the modifications of subparagraph (B)) if such trades or businesses were separately incorporated.’’ (b) MODIFICATIONS RELATING TO QUALIFIED ZONE PROPERTY.— Paragraph (2) of section 1394(b) (defining qualified zone property) is amended to read as follows: ‘‘(2) QUALIFIED ZONE PROPERTY.—The term ‘qualified zone property’ has the meaning given such term by section 1397C; except that— ‘‘(A) the references to empowerment zones shall be treated as including references to enterprise communities, and ‘‘(B) section 1397C(a)(2) shall be applied by substituting ‘an amount equal to 15 percent of the adjusted basis’ for ‘an amount equal to the adjusted basis’.’’ (c) EFFECTIVE DATE.—The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
SEC. 956. MODIFICATIONS TO ENTERPRISE ZONE BUSINESS DEFINITION FOR ALL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES.

(a) IN GENERAL.—Section 1397B (defining enterprise zone business) is amended— (1) by striking ‘‘80 percent’’ in subsections (b)(2) and (c)(1) and inserting ‘‘50 percent’’, (2) by striking ‘‘substantially all’’ each place it appears in subsections (b) and (c) and inserting ‘‘a substantial portion’’, (3) by striking ‘‘, and exclusively related to,’’ in subsections (b)(4) and (c)(3), (4) by adding at the end of subsection (d)(2) the following new flush sentence: ‘‘For purposes of subparagraph (B), the lessor of the property may rely on a lessee’s certification that such lessee is an enterprise zone business.’’, (5) by striking ‘‘substantially all’’ in subsection (d)(3) and inserting ‘‘at least 50 percent’’, and (6) by adding at the end the following new subsection: ‘‘(f) TREATMENT OF BUSINESSES STRADDLING CENSUS TRACT LINES.—For purposes of this section, if—

108 ‘‘(1) a business entity or proprietorship uses real property located within an empowerment zone, ‘‘(2) the business entity or proprietorship also uses real property located outside the empowerment zone, ‘‘(3) the amount of real property described in paragraph (1) is substantial compared to the amount of real property described in paragraph (2), and ‘‘(4) the real property described in paragraph (2) is contiguous to part or all of the real property described in paragraph (1), then all the services performed by employees, all business activities, all tangible property, and all intangible property of the business entity or proprietorship that occur in or is located on the real property described in paragraphs (1) and (2) shall be treated as occurring or situated in an empowerment zone.’’ (b) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to taxable years beginning on or after the date of the enactment of this Act. (2) SPECIAL RULE FOR ENTERPRISE ZONE FACILITY BONDS.— For purposes of section 1394(b) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Subtitle G—Other Provisions
SEC. 961. USE OF ESTIMATES OF SHRINKAGE FOR INVENTORY ACCOUNTING.

(a) IN GENERAL.—Section 471 (relating to general rule for inventories) is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection: ‘‘(b) ESTIMATES OF INVENTORY SHRINKAGE PERMITTED.—A method of determining inventories shall not be treated as failing to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year if— ‘‘(1) the taxpayer normally does a physical count of inventories at each location on a regular and consistent basis, and ‘‘(2) the taxpayer makes proper adjustments to such inventories and to its estimating methods to the extent such estimates are greater than or less than the actual shrinkage.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) COORDINATION WITH SECTION 481.—In the case of any taxpayer permitted by this section to change its method of accounting to a permissible method for any taxable year— (A) such changes shall be treated as initiated by the taxpayer, (B) such changes shall be treated as made with the consent of the Secretary of the Treasury, and

109 (C) the period for taking into account the adjustments under section 481 by reason of such change shall be 4 years.
SEC. 962. ASSIGNMENT OF WORKMEN’S COMPENSATION LIABILITY ELIGIBLE FOR EXCLUSION RELATING TO PERSONAL INJURY LIABILITY ASSIGNMENTS.

(a) IN GENERAL.—Subsection (c) of section 130 (relating to certain personal injury liability assignments) is amended— (1) by inserting ‘‘, or as compensation under any workmen’s compensation act,’’ after ‘‘(whether by suit or agreement)’’ in the material preceding paragraph (1), (2) by inserting ‘‘or the workmen’s compensation claim,’’ after ‘‘agreement,’’ in paragraph (1), and (3) by striking ‘‘section 104(a)(2)’’ in paragraph (2)(D) and inserting ‘‘paragraph (1) or (2) of section 104(a)’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to claims under workmen’s compensation acts filed after the date of the enactment of this Act.
SEC. 963. TAX-EXEMPT STATUS FOR CERTAIN STATE WORKER’S COMPENSATION ACT COMPANIES.

(a) IN GENERAL.—Section 501(c)(27) (relating to membership organizations under workmen’s compensation acts) is amended by adding at the end the following: ‘‘(B) Any organization (including a mutual insurance company) if— ‘‘(i) such organization is created by State law and is organized and operated under State law exclusively to— ‘‘(I) provide workmen’s compensation insurance which is required by State law or with respect to which State law provides significant disincentives if such insurance is not purchased by an employer, and ‘‘(II) provide related coverage which is incidental to workmen’s compensation insurance, ‘‘(ii) such organization must provide workmen’s compensation insurance to any employer in the State (for employees in the State or temporarily assigned out-of-State) which seeks such insurance and meets other reasonable requirements relating thereto, ‘‘(iii)(I) the State makes a financial commitment with respect to such organization either by extending the full faith and credit of the State to the initial debt of such organization or by providing the initial operating capital of such organization, and (II) in the case of periods after the date of enactment of this subparagraph, the assets of such organization revert to the State upon dissolution or State law does not permit the dissolution of such organization, and ‘‘(iv) the majority of the board of directors or oversight body of such organization are appointed by the chief executive officer or other executive branch official of the State, by the State legislature, or by both.’’. (b) CONFORMING AMENDMENTS.—Section 501(c)(27) is amended by inserting ‘‘(A)’’ after ‘‘(27)’’, by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by redesig-

110 nating clauses (i) and (ii) of subparagraphs (B) and (C) (before redesignation) as subclauses (I) and (II), respectively. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 964. ELECTION FOR 1987 PARTNERSHIPS TO CONTINUE EXCEPTION FROM TREATMENT OF PUBLICLY TRADED PARTNERSHIPS AS CORPORATIONS.

(a) IN GENERAL.—Section 7704 is amended by adding at the end the following new subsection: ‘‘(g) EXCEPTION FOR ELECTING 1987 PARTNERSHIPS.— ‘‘(1) IN GENERAL.—Subsection (a) shall not apply to an electing 1987 partnership. ‘‘(2) ELECTING 1987 PARTNERSHIP.—For purposes of this subsection, the term ‘electing 1987 partnership’ means any publicly traded partnership if— ‘‘(A) such partnership is an existing partnership (as defined in section 10211(c)(2) of the Revenue Reconciliation Act of 1987), ‘‘(B) subsection (a) has not applied (and without regard to subsection (c)(1) would not have applied) to such partnership for all prior taxable years beginning after December 31, 1987, and before January 1, 1998, and ‘‘(C) such partnership elects the application of this subsection, and consents to the application of the tax imposed by paragraph (3), for its first taxable year beginning after December 31, 1997. A partnership which, but for this sentence, would be treated as an electing 1987 partnership shall cease to be so treated (and the election under subparagraph (C) shall cease to be in effect) as of the 1st day after December 31, 1997, on which there has been an addition of a substantial new line of business with respect to such partnership. ‘‘(3) ADDITIONAL TAX ON ELECTING PARTNERSHIPS.— ‘‘(A) IMPOSITION OF TAX.—There is hereby imposed for each taxable year on the income of each electing 1987 partnership a tax equal to 3.5 percent of such partnership’s gross income for the taxable year from the active conduct of trades and businesses by the partnership. ‘‘(B) ADJUSTMENTS IN THE CASE OF TIERED PARTNERSHIPS.—For purposes of this paragraph, in the case of a partnership which is a partner in another partnership, the gross income referred to in subparagraph (A) shall include the partnership’s distributive share of the gross income of such other partnership from the active conduct of trades and businesses of such other partnership. A similar rule shall apply in the case of lower-tiered partnerships. ‘‘(C) TREATMENT OF TAX.—For purposes of this title, the tax imposed by this paragraph shall be treated as imposed by chapter 1 other than for purposes of determining the amount of any credit allowable under chapter 1. ‘‘(4) ELECTION.—An election and consent under this subsection shall apply to the taxable year for which made and all subsequent taxable years unless revoked by the partnership.

111 Such revocation may be made without the consent of the Secretary, but, once so revoked, may not be reinstated.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 965. EXCLUSION FROM UNRELATED BUSINESS TAXABLE INCOME FOR CERTAIN SPONSORSHIP PAYMENTS.

(a) IN GENERAL.—Section 513 (relating to unrelated trade or business income) is amended by adding at the end the following new subsection: ‘‘(i) TREATMENT OF CERTAIN SPONSORSHIP PAYMENTS.— ‘‘(1) IN GENERAL.—The term ‘unrelated trade or business’ does not include the activity of soliciting and receiving qualified sponsorship payments. ‘‘(2) QUALIFIED SPONSORSHIP PAYMENTS.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘qualified sponsorship payment’ means any payment made by any person engaged in a trade or business with respect to which there is no arrangement or expectation that such person will receive any substantial return benefit other than the use or acknowledgement of the name or logo (or product lines) of such person’s trade or business in connection with the activities of the organization that receives such payment. Such a use or acknowledgement does not include advertising such person’s products or services (including messages containing qualitative or comparative language, price information, or other indications of savings or value, an endorsement, or an inducement to purchase, sell, or use such products or services). ‘‘(B) LIMITATIONS.— ‘‘(i) CONTINGENT PAYMENTS.—The term ‘qualified sponsorship payment’ does not include any payment if the amount of such payment is contingent upon the level of attendance at one or more events, broadcast ratings, or other factors indicating the degree of public exposure to one or more events. ‘‘(ii) SAFE HARBOR DOES NOT APPLY TO PERIODICALS AND QUALIFIED CONVENTION AND TRADE SHOW ACTIVITIES.—The term ‘qualified sponsorship payment’ does not include— ‘‘(I) any payment which entitles the payor to the use or acknowledgement of the name or logo (or product lines) of the payor’s trade or business in regularly scheduled and printed material published by or on behalf of the payee organization that is not related to and primarily distributed in connection with a specific event conducted by the payee organization, or ‘‘(II) any payment made in connection with any qualified convention or trade show activity (as defined in subsection (d)(3)(B)). ‘‘(3) ALLOCATION OF PORTIONS OF SINGLE PAYMENT.—For purposes of this subsection, to the extent that a portion of a payment would (if made as a separate payment) be a qualified

112 sponsorship payment, such portion of such payment and the other portion of such payment shall be treated as separate payments.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to payments solicited or received after December 31, 1997.
SEC. 966. ASSOCIATIONS OF HOLDERS OF TIMESHARE INTERESTS TO BE TAXED LIKE OTHER HOMEOWNERS ASSOCIATIONS.

(a) TIMESHARE ASSOCIATIONS INCLUDED AS HOMEOWNER ASSOCIATIONS.— (1) IN GENERAL.—Paragraph (1) of section 528(c) (defining homeowners association) is amended— (A) by striking ‘‘or a residential real estate management association’’ and inserting ‘‘, a residential real estate management association, or a timeshare association’’ in the material preceding subparagraph (A), (B) by striking ‘‘or’’ at the end of clause (i) of subparagraph (B), by striking the period at the end of clause (ii) of subparagraph (B) and inserting ‘‘, or’’, and by adding at the end of subparagraph (B) the following new clause: ‘‘(iii) owners of timeshare rights to use, or timeshare ownership interests in, association property in the case of a timeshare association,’’, and (C) by inserting ‘‘and, in the case of a timeshare association, for activities provided to or on behalf of members of the association’’ before the comma at the end of subparagraph (C). (2) TIMESHARE ASSOCIATION DEFINED.—Subsection (c) of section 528 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ‘‘(4) TIMESHARE ASSOCIATION.—The term ‘timeshare association’ means any organization (other than a condominium management association) meeting the requirement of subparagraph (A) of paragraph (1) if any member thereof holds a timeshare right to use, or a timeshare ownership interest in, real property constituting association property.’’. (b) EXEMPT FUNCTION INCOME.—Paragraph (3) of section 528(d) is amended by striking ‘‘or’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, or’’, and by adding at the end the following new subparagraph: ‘‘(C) owners of timeshare rights to use, or timeshare ownership interests in, real property in the case of a timeshare association.’’. (c) ASSOCIATION PROPERTY.—Paragraph (5) of section 528(c), as redesignated by subsection (a)(2), is amended by adding at the end the following new flush sentence: ‘‘In the case of a timeshare association, such term includes property in which the timeshare association, or members of the association, have rights arising out of recorded easements, covenants, or other recorded instruments to use property related to the timeshare project.’’. (d) RATE OF TAX.—Subsection (b) of section 528 (relating to certain homeowners associations) is amended by inserting before the

113 period ‘‘(32 percent of such income in the case of a timeshare association)’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1996.
SEC. 967. ADDITIONAL ADVANCE REFUNDING OF CERTAIN VIRGIN ISLAND BONDS.

Subclause (I) of section 149(d)(3)(A)(i) of the Internal Revenue Code of 1986 shall not apply to the second advance refunding of any issue of the Virgin Islands which was first advance refunded before June 9, 1997, if the debt provisions of the refunding bonds are changed to repeal the priority first lien requirement of the refunded bonds.
SEC. 968. NONRECOGNITION OF GAIN ON SALE OF STOCK TO CERTAIN FARMERS’ COOPERATIVES.

(a) IN GENERAL.—Section 1042 (relating to sales of stock to employee stock ownership plans or certain cooperatives) is amended by adding at the end the following new subsection: ‘‘(g) APPLICATION OF SECTION TO SALES OF STOCK IN AGRICULTURAL REFINERS AND PROCESSORS TO ELIGIBLE FARM COOPERATIVES.— ‘‘(1) IN GENERAL.—This section shall apply to the sale of stock of a qualified refiner or processor to an eligible farmers’ cooperative. ‘‘(2) QUALIFIED REFINER OR PROCESSOR.—For purposes of this subsection, the term ‘qualified refiner or processor’ means a domestic corporation— ‘‘(A) substantially all of the activities of which consist of the active conduct of the trade or business of refining or processing agricultural or horticultural products, and ‘‘(B) which, during the 1-year period ending on the date of the sale, purchases more than one-half of such products to be refined or processed from— ‘‘(i) farmers who make up the eligible farmers’ cooperative which is purchasing stock in the corporation in a transaction to which this subsection is to apply, or ‘‘(ii) such cooperative. ‘‘(3) ELIGIBLE FARMERS’ COOPERATIVE.—For purposes of this section, the term ‘eligible farmers’ cooperative’ means an organization to which part I of subchapter T applies and which is engaged in the marketing of agricultural or horticultural products. ‘‘(4) SPECIAL RULES.—In applying this section to a sale to which paragraph (1) applies— ‘‘(A) the eligible farmers’ cooperative shall be treated in the same manner as a cooperative described in subsection (b)(1)(B), ‘‘(B) subsection (b)(2) shall be applied by substituting ‘100 percent’ for ‘30 percent’ each place it appears, ‘‘(C) the determination as to whether any stock in the domestic corporation is a qualified security shall be made without regard to whether the stock is an employer security or to subsection (c)(1)(A), and ‘‘(D) paragraphs (2)(D) and (7) of subsection (c) shall not apply.’’.

114 (b) EFFECTIVE DATE.—The amendment made by this section shall apply to sales after December 31, 1997.
SEC. 969. INCREASED DEDUCTIBILITY OF BUSINESS MEAL EXPENSES FOR INDIVIDUALS SUBJECT TO FEDERAL HOURS OF SERVICE.

(a) IN GENERAL.—Section 274(n) (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by adding at the end the following new paragraph: ‘‘(3) SPECIAL RULE FOR INDIVIDUALS SUBJECT TO FEDERAL HOURS OF SERVICE.— ‘‘(A) IN GENERAL.—In the case of any expenses for food or beverages consumed while away from home (within the meaning of section 162(a)(2)) by an individual during, or incident to, the period of duty subject to the hours of service limitations of the Department of Transportation, paragraph (1) shall be applied by substituting ‘the applicable percentage’ for ‘50 percent’. ‘‘(B) APPLICABLE PERCENTAGE.—For purposes of this paragraph, the term ‘applicable percentage’ means the percentage determined under the following table:
‘‘For taxable years beThe applicable ginning in calendar year— percentage is— 1998 or 1999 ..................................................................................... 55 2000 or 2001 ..................................................................................... 60 2002 or 2003 ..................................................................................... 65 2004 or 2005 ..................................................................................... 70 2006 or 2007 ..................................................................................... 75 2008 or thereafter ............................................................................. 80.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.
SEC. 970. CLARIFICATION OF DE MINIMIS FRINGE BENEFIT RULES TO NO-CHARGE EMPLOYEE MEALS.

(a) IN GENERAL.—Paragraph (2) of section 132(e) (defining de minimis fringe) is amended by adding at the end the following new sentence: ‘‘For purposes of subparagraph (B), an employee entitled under section 119 to exclude the value of a meal provided at such facility shall be treated as having paid an amount for such meal equal to the direct operating costs of the facility attributable to such meal.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 971. EXEMPTION OF THE INCREMENTAL COST OF A CLEAN FUEL VEHICLE FROM THE LIMITS ON DEPRECIATION FOR VEHICLES.

(a) IN GENERAL.—Section 280F(a)(1) (relating to limiting depreciation on luxury automobiles) is amended by adding at the end the following new subparagraph: ‘‘(C) SPECIAL RULE FOR CERTAIN CLEAN-FUEL PASSENGER AUTOMOBILES.— ‘‘(i) MODIFIED AUTOMOBILES.—In the case of a passenger automobile which is propelled by a fuel which is not a clean-burning fuel and to which is installed qualified clean-fuel vehicle property (as defined in section 179A(c)(1)(A)) for purposes of permitting such vehicle to be propelled by a clean burning fuel (as defined

115 in section 179A(e)(1)), subparagraph (A) shall not apply to the cost of the installed qualified clean burning vehicle property. ‘‘(ii) PURPOSE BUILT PASSENGER VEHICLES.—In the case of a purpose built passenger vehicle (as defined in section 4001(a)(2)(C)(ii)), each of the annual limitations specified in subparagraph (A) shall be tripled.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to property placed in service after the date of enactment of this Act and before January 1, 2005.
SEC. 972. TEMPORARY SUSPENSION OF TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR MARGINAL PRODUCTION.

(a) IN GENERAL.—Paragraph (6) of section 613A(c) is amended by adding at the end the following new subparagraph: ‘‘(H) TEMPORARY SUSPENSION OF TAXABLE INCOME LIMIT WITH RESPECT TO MARGINAL PRODUCTION.—The second sentence of subsection (a) of section 613 shall not apply to so much of the allowance for depletion as is determined under subparagraph (A) for any taxable year beginning after December 31, 1997, and before January 1, 2000.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.
SEC. 973. INCREASE IN STANDARD MILEAGE RATE EXPENSE DEDUCTION FOR CHARITABLE USE OF PASSENGER AUTOMOBILE.

(a) IN GENERAL.—Section 170(i) (relating to standard mileage rate for use of passenger automobile) is amended to read as follows: ‘‘(i) STANDARD MILEAGE RATE FOR USE OF PASSENGER AUTOMOBILE.—For purposes of computing the deduction under this section for use of a passenger automobile, the standard mileage rate shall be 14 cents per mile.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.
SEC. 974. CLARIFICATION OF TREATMENT OF CERTAIN RECEIVABLES PURCHASED BY COOPERATIVE HOSPITAL SERVICE ORGANIZATIONS.

(a) IN GENERAL.—Subparagraph (A) of section 501(e)(1) is amended by inserting ‘‘(including the purchase of patron accounts receivable on a recourse basis)’’ after ‘‘billing and collection’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1996.
SEC. 975. DEDUCTION IN COMPUTING ADJUSTED GROSS INCOME FOR EXPENSES IN CONNECTION WITH SERVICE PERFORMED BY CERTAIN OFFICIALS.

(a) IN GENERAL.—Paragraph (2) of section 62(a) (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ‘‘(C) CERTAIN EXPENSES OF OFFICIALS.—The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 1986.

116
SEC. 976. COMBINED EMPLOYMENT TAX REPORTING DEMONSTRATION PROJECT.

(a) IN GENERAL.—The Secretary of the Treasury shall provide for a demonstration project to assess the feasibility and desirability of expanding combined Federal and State tax reporting. (b) DESCRIPTION OF DEMONSTRATION PROJECT.—The demonstration project under subsection (a) shall be— (1) carried out between the Internal Revenue Service and the State of Montana for a period ending with the date which is 5 years after the date of the enactment of this Act, (2) limited to the reporting of employment taxes, and (3) limited to the disclosure of the taxpayer identity (as defined in section 6103(b)(6) of such Code) and the signature of the taxpayer. (c) CONFORMING AMENDMENT.—Section 6103(d) is amended by adding at the end the following new paragraph: ‘‘(5) DISCLOSURE FOR CERTAIN COMBINED REPORTING PROJECT.—The Secretary shall disclose taxpayer identities and signatures for purposes of the demonstration project described in section 967 of the Taxpayer Relief Act of 1997.’’.
SEC. 977. ELECTIVE CARRYBACK OF EXISTING CARRYOVERS OF NATIONAL RAILROAD PASSENGER CORPORATION.

(a) ELECTIVE CARRYBACK.— (1) IN GENERAL.—If the National Railroad Passenger Corporation (in this section referred to as the ‘‘Corporation’’)— (A) makes an election under this section for its first taxable year ending after September 30, 1997, and (B) agrees to the conditions specified in paragraph (2), then the Corporation shall be treated as having made a payment of the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for such first taxable year and the succeeding taxable year in an amount (for each such taxable year) equal to 50 percent of the amount determined under paragraph (3). Each such payment shall be treated as having been made by the Corporation on the last day prescribed by law (without regard to extensions) for filing its return of tax under chapter 1 of such Code for the taxable year to which such payment relates. (2) CONDITIONS.— (A) IN GENERAL.—This section shall only apply to the Corporation if it agrees (in such manner as the Secretary of the Treasury or his delegate may prescribe) to— (i) except as provided in clause (ii), use any refund of the payment described in paragraph (1) (and any interest thereon) solely to finance qualified expenses of the Corporation, and (ii) make the payments to non-Amtrak States as described in subsection (c). (B) REPAYMENT.— (i) IN GENERAL.—The Corporation shall repay to the United States any amount not used in accordance with this paragraph and any amount remaining unused as of January 1, 2010. (ii) SPECIAL RULES.—For purposes of clause (i)—

117 (I) no amount shall be treated as remaining unused as of January 1, 2010, if it is obligated as of such date for a qualified expense, and (II) the Corporation shall not be treated as failing to meet the requirements of clause (i) by reason of investing any amount for a temporary period. (3) AMOUNT.—For purposes of paragraph (1)— (A) IN GENERAL.—The amount determined under this paragraph shall be the lesser of— (i) 35 percent of the Corporation’s existing qualified carryovers, or (ii) the Corporation’s net tax liability for the carryback period. (B) DOLLAR LIMIT.—Such amount shall not exceed $2,323,000,000. (b) EXISTING QUALIFIED CARRYOVERS; NET TAX LIABILITY.—For purposes of this section— (1) EXISTING QUALIFIED CARRYOVERS.—The term ‘‘existing qualified carryovers’’ means the aggregate of the amounts which are net operating loss carryovers under section 172(b) of the Internal Revenue Code of 1986 to the Corporation’s first taxable year ending after September 30, 1997. (2) NET TAX LIABILITY FOR CARRYBACK PERIOD.— (A) IN GENERAL.—The Corporation’s net tax liability for the carryback period is the aggregate of the net tax liability of the Corporation’s railroad predecessors for taxable years in the carryback period. (B) NET TAX LIABILITY.—The term ‘‘net tax liability’’ means, with respect to any taxable year, the amount of the tax imposed by chapter 1 of the Internal Revenue Code of 1986 (or any corresponding provision of prior law) for such taxable year, reduced by the sum of the credits allowable against such tax under such Code (or any corresponding provision of prior law). (C) CARRYBACK PERIOD.—The term ‘‘carryback period’’ means the period— (i) which begins with the first taxable year of any railroad predecessor beginning before January 1, 1971, for which there is a net tax liability, and (ii) which ends with the last taxable year of any railroad predecessor beginning before January 1, 1971. (3) RAILROAD PREDECESSOR.— (A) IN GENERAL.—The term ‘‘railroad predecessor’’ means— (i) any railroad which entered into a contract under section 401 or 404(a) of the Rail Passenger Service Act of 1970 relieving the railroad of its entire responsibility for the provision of intercity rail passenger service, and (ii) any predecessor thereof. (B) CONSOLIDATED RETURNS.—If any railroad described in subparagraph (A) was a member of an affiliated group which filed a consolidated return for any taxable

118 year in the carryback period, each member of such group shall be treated as a railroad predecessor for such year. (c) PAYMENTS TO NON-AMTRAK STATES.— (1) IN GENERAL.—Within 30 days after receipt of any refund of any payment described in subsection (a)(1), the Corporation shall pay to each non-Amtrak State an amount equal to 1 percent of the amount of such refund. (2) USE OF PAYMENT.—Each non-Amtrak State shall use the payment described in paragraph (1) (and any interest thereon) solely to finance qualified expenses of the State. (3) REPAYMENT.—A non-Amtrak State shall pay to the United States— (A) any portion of the payment received by the State under paragraph (1) (and any interest thereon) which is used for a purpose other than to finance qualified expenses of the State or which remains unused as of January 1, 2010, or (B) if such State ceases to be a non-Amtrak State, the portion of such payment (and any interest thereon) remaining as of the date of the cessation. Rules similar to the rules of subsection (a)(2)(B) shall apply for purposes of this paragraph. (d) TAX CONSEQUENCES.— (1) REDUCTION IN CARRYOVERS.—If the Corporation elects the application of this section, the Corporation’s existing qualified carryovers shall be reduced by an amount equal to the amount determined under subsection (a)(3) divided by 0.35. (2) REDUCTION IN TAX PAID BY RAILROAD PREDECESSORS.— (A) IN GENERAL.—The Secretary of the Treasury or his delegate shall appropriately adjust the tax account of each railroad predecessor to reduce the net tax liability of such predecessor for taxable years beginning in the carryback period which is offset by reason of the application of this section. (B) FIFO ORDERING RULE.—The Secretary shall make the adjustments under subparagraph (A) first for the earliest year in the carryback period and then for each subsequent year in such period. (C) NO EFFECT ON OTHER TAXPAYERS.—In no event shall any taxpayer other than the Corporation be allowed a refund or credit by reason of this section. (D) WAIVER OF LIMITATIONS.—If the adjustment under subparagraph (A) is barred by the operation of any law or rule of law, such law or rule of law shall be waived solely for purposes of making such adjustment. (3) TAX TREATMENT OF EXPENDITURES.—With respect to any payment by the Corporation of qualified expenses described in subsection (e)(1)(A) during any taxable year from the amount of any refund of the payment described in subsection (a)(1)— (A) no deduction shall be allowed to the Corporation with respect to any amount paid or incurred which is attributable to such amount, and

119 (B) the basis of any property shall be reduced by the portion of the cost of such property which is attributable to such amount. (4) PAYMENTS TO A NON-AMTRAK STATE.—No deduction shall be allowed to the Corporation under chapter 1 of the Internal Revenue Code of 1986 for any payment to a non-Amtrak State required under subsection (a)(2)(A)(ii). (e) DEFINITIONS.—For purposes of this section— (1) QUALIFIED EXPENSES.—The term ‘‘qualified expenses’’ means expenses incurred for— (A) in the case of the Corporation— (i) the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail service, and (ii) the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and (B) in the case of a non-Amtrak State— (i) the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail service, (ii) the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity bus service, (iii) the purchase of intercity passenger rail services from the Corporation, and (iv) the payment of interest and principal on obligations incurred for such acquisition, upgrading, maintenance, and purchase. In the case of a non-Amtrak State which provides its own intercity passenger rail service on the date of the enactment of this paragraph, subparagraph (B) shall be applied by only taking into account clauses (i) and (iv). (2) NON-AMTRAK STATE.—The term ‘‘non-Amtrak State’’ means, with respect to any payment, any State which does not receive intercity passenger rail service from the Corporation at any time during the period beginning on the date of the enactment of this Act and ending on the date of the payment. (f) AUTHORIZING REFORM REQUIRED.— (1) IN GENERAL.—The Secretary of the Treasury shall not make payment of any refund of any payment described in subsection (a)(1) earlier than the date of the enactment of Federal legislation, other than legislation included in this section, which is enacted after July 29, 1997, and which authorizes reforms of the National Railroad Passenger Corporation. (2) NO INTEREST.—Notwithstanding any other provision of law, if the payment of any refund is delayed by reason of paragraph (1), no interest shall accrue with respect to such payment prior to the 45th day following the date of the enactment of Federal legislation described in paragraph (1).

120 (3) ESTIMATE OF REVENUE.—For purposes of estimating revenues under budget reconciliation, the impact of this section on Federal revenues shall be determined without regard to this subsection.

Subtitle H—Extension of Duty-Free Treatment Under Generalized System of Preferences
SEC. 981. GENERALIZED SYSTEM OF PREFERENCES.

(a) EXTENSION OF DUTY-FREE TREATMENT UNDER SYSTEM.— Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ‘‘May 31, 1997’’ and inserting ‘‘June 30, 1998’’. (b) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS.— (1) IN GENERAL.—Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law and subject to paragraph (2), the entry— (A) of any article to which duty-free treatment under title V of the Trade Act of 1974 would have applied if the entry had been made on May 31, 1997, and (B) that was made after May 31, 1997, and before the date of the enactment of this Act, shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. As used in this subsection, the term ‘‘entry’’ includes a withdrawal from warehouse for consumption. (2) REQUESTS.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service— (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located.

TITLE X—REVENUES Subtitle A—Financial Products
SEC. 1001. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS.

(a) IN GENERAL.—Part IV of subchapter P of chapter 1 is amended by adding at the end the following new section:
‘‘SEC. 1259. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS.

‘‘(a) IN GENERAL.—If there is a constructive sale of an appreciated financial position— ‘‘(1) the taxpayer shall recognize gain as if such position were sold, assigned, or otherwise terminated at its fair market value on the date of such constructive sale (and any gain shall

121 be taken into account for the taxable year which includes such date), and ‘‘(2) for purposes of applying this title for periods after the constructive sale— ‘‘(A) proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of paragraph (1), and ‘‘(B) the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. ‘‘(b) APPRECIATED FINANCIAL POSITION.—For purposes of this section— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the term ‘appreciated financial position’ means any position with respect to any stock, debt instrument, or partnership interest if there would be gain were such position sold, assigned, or otherwise terminated at its fair market value. ‘‘(2) EXCEPTIONS.—The term ‘appreciated financial position’ shall not include— ‘‘(A) any position with respect to debt if— ‘‘(i) the debt unconditionally entitles the holder to receive a specified principal amount, ‘‘(ii) the interest payments (or other similar amounts) with respect to such debt meet the requirements of clause (i) of section 860G(a)(1)(B), and ‘‘(iii) such debt is not convertible (directly or indirectly) into stock of the issuer or any related person, and ‘‘(B) any position which is marked to market under any provision of this title or the regulations thereunder. ‘‘(3) POSITION.—The term ‘position’ means an interest, including a futures or forward contract, short sale, or option. ‘‘(c) CONSTRUCTIVE SALE.—For purposes of this section— ‘‘(1) IN GENERAL.—A taxpayer shall be treated as having made a constructive sale of an appreciated financial position if the taxpayer (or a related person)— ‘‘(A) enters into a short sale of the same or substantially identical property, ‘‘(B) enters into an offsetting notional principal contract with respect to the same or substantially identical property, ‘‘(C) enters into a futures or forward contract to deliver the same or substantially identical property, ‘‘(D) in the case of an appreciated financial position that is a short sale or a contract described in subparagraph (B) or (C) with respect to any property, acquires the same or substantially identical property, or ‘‘(E) to the extent prescribed by the Secretary in regulations, enters into 1 or more other transactions (or acquires 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs.

122 ‘‘(2) EXCEPTION FOR SALES OF NONPUBLICLY TRADED PROPERTY.—The term ‘constructive sale’ shall not include any contract for sale of any stock, debt instrument, or partnership interest which is not a marketable security (as defined in section 453(f)) if the contract settles within 1 year after the date such contract is entered into. ‘‘(3) EXCEPTION FOR CERTAIN CLOSED TRANSACTIONS.— ‘‘(A) IN GENERAL.—In applying this section, there shall be disregarded any transaction (which would otherwise be treated as a constructive sale) during the taxable year if— ‘‘(i) such transaction is closed before the end of the 30th day after the close of such taxable year, ‘‘(ii) the taxpayer holds the appreciated financial position throughout the 60-day period beginning on the date such transaction is closed, and ‘‘(iii) at no time during such 60-day period is the taxpayer’s risk of loss with respect to such position reduced by reason of a circumstance which would be described in section 246(c)(4) if references to stock included references to such position. ‘‘(B) TREATMENT OF POSITIONS WHICH ARE REESTABLISHED.—If— ‘‘(i) a transaction, which would otherwise be treated as a constructive sale of an appreciated financial position, is closed during the taxable year or during the 30 days thereafter, and ‘‘(ii) another substantially similar transaction is entered into during the 60-day period beginning on the date the transaction referred to in clause (i) is closed— ‘‘(I) which also would otherwise be treated as a constructive sale of such position, ‘‘(II) which is closed before the 30th day after the close of the taxable year in which the transaction referred to in clause (i) occurs, and ‘‘(III) which meets the requirements of clauses (ii) and (iii) of subparagraph (A), the transaction referred to in clause (ii) shall be disregarded for purposes of determining whether the requirements of subparagraph (A)(iii) are met with respect to the transaction described in clause (i). ‘‘(4) RELATED PERSON.—A person is related to another person with respect to a transaction if— ‘‘(A) the relationship is described in section 267(b) or 707(b), and ‘‘(B) such transaction is entered into with a view toward avoiding the purposes of this section. ‘‘(d) OTHER DEFINITIONS.—For purposes of this section— ‘‘(1) FORWARD CONTRACT.—The term ‘forward contract’ means a contract to deliver a substantially fixed amount of property for a substantially fixed price. ‘‘(2) OFFSETTING NOTIONAL PRINCIPAL CONTRACT.—The term ‘offsetting notional principal contract’ means, with respect to any property, an agreement which includes—

123 ‘‘(A) a requirement to pay (or provide credit for) all or substantially all of the investment yield (including appreciation) on such property for a specified period, and ‘‘(B) a right to be reimbursed for (or receive credit for) all or substantially all of any decline in the value of such property. ‘‘(e) SPECIAL RULES.— ‘‘(1) TREATMENT OF SUBSEQUENT SALE OF POSITION WHICH WAS DEEMED SOLD.—If— ‘‘(A) there is a constructive sale of any appreciated financial position, ‘‘(B) such position is subsequently disposed of, and ‘‘(C) at the time of such disposition, the transaction resulting in the constructive sale of such position is open with respect to the taxpayer or any related person, solely for purposes of determining whether the taxpayer has entered into a constructive sale of any other appreciated financial position held by the taxpayer, the taxpayer shall be treated as entering into such transaction immediately after such disposition. For purposes of the preceding sentence, an assignment or other termination shall be treated as a disposition. ‘‘(2) CERTAIN TRUST INSTRUMENTS TREATED AS STOCK.—For purposes of this section, an interest in a trust which is actively traded (within the meaning of section 1092(d)(1)) shall be treated as stock unless substantially all (by value) of the property held by the trust is debt described in subsection (b)(2)(A). ‘‘(3) MULTIPLE POSITIONS IN PROPERTY.—If a taxpayer holds multiple positions in property, the determination of whether a specific transaction is a constructive sale and, if so, which appreciated financial position is deemed sold shall be made in the same manner as actual sales. ‘‘(f) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.’’. (b) ELECTION OF MARK TO MARKET FOR DEALERS IN COMMODITIES AND FOR TRADERS IN SECURITIES OR COMMODITIES.—Section 475 (relating to mark to market accounting method for dealers in securities) is amended by redesignating subsection (e) as subsection (g) and by inserting after subsection (d) the following new subsections: ‘‘(e) ELECTION OF MARK TO MARKET FOR DEALERS IN COMMODITIES.— ‘‘(1) IN GENERAL.—In the case of a dealer in commodities who elects the application of this subsection, this section shall apply to commodities held by such dealer in the same manner as this section applies to securities held by a dealer in securities. ‘‘(2) COMMODITY.—For purposes of this subsection and subsection (f), the term ‘commodity’ means— ‘‘(A) any commodity which is actively traded (within the meaning of section 1092(d)(1)); ‘‘(B) any notional principal contract with respect to any commodity described in subparagraph (A);

124 ‘‘(C) any evidence of an interest in, or a derivative instrument in, any commodity described in subparagraph (A) or (B), including any option, forward contract, futures contract, short position, and any similar instrument in such a commodity; and ‘‘(D) any position which— ‘‘(i) is not a commodity described in subparagraph (A), (B), or (C), ‘‘(ii) is a hedge with respect to such a commodity, and ‘‘(iii) is clearly identified in the taxpayer’s records as being described in this subparagraph before the close of the day on which it was acquired or entered into (or such other time as the Secretary may by regulations prescribe). ‘‘(3) ELECTION.—An election under this subsection may be made without the consent of the Secretary. Such an election, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ‘‘(f) ELECTION OF MARK TO MARKET FOR TRADERS IN SECURITIES OR COMMODITIES.— ‘‘(1) TRADERS IN SECURITIES.— ‘‘(A) IN GENERAL.—In the case of a person who is engaged in a trade or business as a trader in securities and who elects to have this paragraph apply to such trade or business— ‘‘(i) such person shall recognize gain or loss on any security held in connection with such trade or business at the close of any taxable year as if such security were sold for its fair market value on the last business day of such taxable year, and ‘‘(ii) any gain or loss shall be taken into account for such taxable year. Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence. The Secretary may provide by regulations for the application of this subparagraph at times other than the times provided in this subparagraph. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to any security— ‘‘(i) which is established to the satisfaction of the Secretary as having no connection to the activities of such person as a trader, and ‘‘(ii) which is clearly identified in such person’s records as being described in clause (i) before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe). If a security ceases to be described in clause (i) at any time after it was identified as such under clause (ii), subparagraph (A) shall apply to any changes in value of the security occurring after the cessation.

125 ‘‘(C) COORDINATION WITH SECTION 1259.—Any security to which subparagraph (A) applies and which was acquired in the normal course of the taxpayer’s activities as a trader in securities shall not be taken into account in applying section 1259 to any position to which subparagraph (A) does not apply. ‘‘(D) OTHER RULES TO APPLY.—Rules similar to the rules of subsections (b)(4) and (d) shall apply to securities held by a person in any trade or business with respect to which an election under this paragraph is in effect. ‘‘(2) TRADERS IN COMMODITIES.—In the case of a person who is engaged in a trade or business as a trader in commodities and who elects to have this paragraph apply to such trade or business, paragraph (1) shall apply to commodities held by such trader in connection with such trade or business in the same manner as paragraph (1) applies to securities held by a trader in securities. ‘‘(3) ELECTION.—The elections under paragraphs (1) and (2) may be made separately for each trade or business and without the consent of the Secretary. Such an election, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.’’. (c) CLERICAL AMENDMENT.—The table of sections for part IV of subchapter P of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 1259. Constructive sales treatment for appreciated financial positions.’’.

(d) EFFECTIVE DATES.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to any constructive sale after June 8, 1997. (2) EXCEPTION FOR SALES OF POSITIONS, ETC. HELD BEFORE JUNE 9, 1997.—If— (A) before June 9, 1997, the taxpayer entered into any transaction which is a constructive sale of any appreciated financial position, and (B) before the close of the 30-day period beginning on the date of the enactment of this Act or before such later date as may be specified by the Secretary of the Treasury, such transaction and position are clearly identified in the taxpayer’s records as offsetting, such transaction and position shall not be taken into account in determining whether any other constructive sale after June 8, 1997, has occurred. The preceding sentence shall cease to apply as of the date such transaction is closed or the taxpayer ceases to hold such position. (3) SPECIAL RULE.—In the case of a decedent dying after June 8, 1997, if— (A) there was a constructive sale on or before such date of any appreciated financial position, (B) the transaction resulting in such constructive sale of such position remains open (with respect to the decedent or any related person)—

126 (i) for not less than 2 years after the date of such transaction (whether such period is before or after June 8, 1997), and (ii) at any time during the 3-year period ending on the date of the decedent’s death, and (C) such transaction is not closed within the 30-day period beginning on the date of the enactment of this Act, then, for purposes of such Code, such position (and the transaction resulting in such constructive sale) shall be treated as property constituting rights to receive an item of income in respect of a decedent under section 691 of such Code. Section 1014(c) of such Code shall not apply to so much of such position’s or property’s value (as included in the decedent’s estate for purposes of chapter 11 of such Code) as exceeds its fair market value as of the date such transaction is closed. (4) ELECTION OF MARK TO MARKET BY SECURITIES TRADERS AND TRADERS AND DEALERS IN COMMODITIES.— (A) IN GENERAL.—The amendments made by subsection (b) shall apply to taxable years ending after the date of the enactment of this Act. (B) 4-YEAR SPREAD OF ADJUSTMENTS.—In the case of a taxpayer who elects under subsection (e) or (f) of section 475 of the Internal Revenue Code of 1986 (as added by this section) to change its method of accounting for the taxable year which includes the date of the enactment of this Act— (i) any identification required under such subsection with respect to securities and commodities held on the date of the enactment of this Act shall be treated as timely made if made on or before the 30th day after such date of enactment, and (ii) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of such Code shall be taken into account ratably over the 4-taxable year period beginning with such first taxable year.
SEC. 1002. LIMITATION ON EXCEPTION FOR INVESTMENT COMPANIES UNDER SECTION 351.

(a) IN GENERAL.—Paragraph (1) of section 351(e) (relating to exceptions) is amended by adding at the end the following: ‘‘For purposes of the preceding sentence, the determination of whether a company is an investment company shall be made— ‘‘(A) by taking into account all stock and securities held by the company, and ‘‘(B) by treating as stock and securities— ‘‘(i) money, ‘‘(ii) stocks and other equity interests in a corporation, evidences of indebtedness, options, forward or futures contracts, notional principal contracts and derivatives, ‘‘(iii) any foreign currency, ‘‘(iv) any interest in a real estate investment trust, a common trust fund, a regulated investment company, a publicly-traded partnership (as defined in section 7704(b)) or any other equity interest (other than in a

127 corporation) which pursuant to its terms or any other arrangement is readily convertible into, or exchangeable for, any asset described in any preceding clause, this clause or clause (v) or (viii), ‘‘(v) except to the extent provided in regulations prescribed by the Secretary, any interest in a precious metal, unless such metal is used or held in the active conduct of a trade or business after the contribution, ‘‘(vi) except as otherwise provided in regulations prescribed by the Secretary, interests in any entity if substantially all of the assets of such entity consist (directly or indirectly) of any assets described in any preceding clause or clause (viii), ‘‘(vii) to the extent provided in regulations prescribed by the Secretary, any interest in any entity not described in clause (vi), but only to the extent of the value of such interest that is attributable to assets listed in clauses (i) through (v) or clause (viii), or ‘‘(viii) any other asset specified in regulations prescribed by the Secretary. The Secretary may prescribe regulations that, under appropriate circumstances, treat any asset described in clauses (i) through (v) as not so listed.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) shall apply to transfers after June 8, 1997, in taxable years ending after such date. (2) BINDING CONTRACTS.—The amendment made by subsection (a) shall not apply to any transfer pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before such transfer if such contract provides for the transfer of a fixed amount of property.
SEC. 1003. GAINS AND LOSSES FROM CERTAIN TERMINATIONS WITH RESPECT TO PROPERTY.

(a) APPLICATION OF CAPITAL TREATMENT TO PROPERTY OTHER THAN PERSONAL PROPERTY.— (1) IN GENERAL.—Paragraph (1) of section 1234A (relating to gains and losses from certain terminations) is amended by striking ‘‘personal property (as defined in section 1092(d)(1))’’ and inserting ‘‘property’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to terminations more than 30 days after the date of the enactment of this Act. (b) TREATMENT OF SHORT SALES OF PROPERTY WHICH BECOMES SUBSTANTIALLY WORTHLESS.— (1) IN GENERAL.—Section 1233 is amended by adding at the end the following new subsection: ‘‘(h) SHORT SALES OF PROPERTY WHICH BECOMES SUBSTANTIALLY WORTHLESS.— ‘‘(1) IN GENERAL.—If— ‘‘(A) the taxpayer enters into a short sale of property, and ‘‘(B) such property becomes substantially worthless,

128 the taxpayer shall recognize gain in the same manner as if the short sale were closed when the property becomes substantially worthless. To the extent provided in regulations prescribed by the Secretary, the preceding sentence also shall apply with respect to any option with respect to property, any offsetting notional principal contract with respect to property, any futures or forward contract to deliver any property, and any other similar transaction. ‘‘(2) STATUTE OF LIMITATIONS.—If property becomes substantially worthless during a taxable year and any short sale of such property remains open at the time such property becomes substantially worthless, then— ‘‘(A) the statutory period for the assessment of any deficiency attributable to any part of the gain on such transaction shall not expire before the earlier of— ‘‘(i) the date which is 3 years after the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of the substantial worthlessness of such property, or ‘‘(ii) the date which is 6 years after the date the return for such taxable year is filed, and ‘‘(B) such deficiency may be assessed before the date applicable under subparagraph (A) notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to property which becomes substantially worthless after the date of the enactment of this Act. (c) APPLICATION OF CAPITAL TREATMENT, ETC. TO OBLIGATIONS ISSUED BY NATURAL PERSONS.— (1) IN GENERAL.—Section 1271(b) is amended to read as follows: ‘‘(b) EXCEPTION FOR CERTAIN OBLIGATIONS.— ‘‘(1) IN GENERAL.—This section shall not apply to— ‘‘(A) any obligation issued by a natural person before June 9, 1997, and ‘‘(B) any obligation issued before July 2, 1982, by an issuer which is not a corporation and is not a government or political subdivision thereof. ‘‘(2) TERMINATION.—Paragraph (1) shall not apply to any obligation purchased (within the meaning of section 1272(d)(1)) after June 8, 1997.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to sales, exchanges, and retirements after the date of enactment of this Act.
SEC. 1004. DETERMINATION OF ORIGINAL ISSUE DISCOUNT WHERE POOLED DEBT OBLIGATIONS SUBJECT TO ACCELERATION.

(a) IN GENERAL.—Subparagraph (C) of section 1272(a)(6) (relating to debt instruments to which the paragraph applies) is amended by striking ‘‘or’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, or’’, and by inserting after clause (ii) the following:

129 ‘‘(iii) any pool of debt instruments the yield on which may be affected by reason of prepayments (or to the extent provided in regulations, by reason of other events). To the extent provided in regulations prescribed by the Secretary, in the case of a small business engaged in the trade or business of selling tangible personal property at retail, clause (iii) shall not apply to debt instruments incurred in the ordinary course of such trade or business while held by such business.’’. (b) EFFECTIVE DATES.— (1) IN GENERAL.—The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) CHANGE IN METHOD OF ACCOUNTING.—In the case of any taxpayer required by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over the 4-taxable year period beginning with such first taxable year.
SEC. 1005. DENIAL OF INTEREST DEDUCTIONS ON CERTAIN DEBT INSTRUMENTS.

(a) IN GENERAL.—Section 163 (relating to deduction for interest), as amended by title V, is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ‘‘(l) DISALLOWANCE OF DEDUCTION ON CERTAIN DEBT INSTRUMENTS OF CORPORATIONS.— ‘‘(1) IN GENERAL.—No deduction shall be allowed under this chapter for any interest paid or accrued on a disqualified debt instrument. ‘‘(2) DISQUALIFIED DEBT INSTRUMENT.—For purposes of this subsection, the term ‘disqualified debt instrument’ means any indebtedness of a corporation which is payable in equity of the issuer or a related party. ‘‘(3) SPECIAL RULES FOR AMOUNTS PAYABLE IN EQUITY.—For purposes of paragraph (2), indebtedness shall be treated as payable in equity of the issuer or a related party only if— ‘‘(A) a substantial amount of the principal or interest is required to be paid or converted, or at the option of the issuer or a related party is payable in, or convertible into, such equity, ‘‘(B) a substantial amount of the principal or interest is required to be determined, or at the option of the issuer or a related party is determined, by reference to the value of such equity, or

130 ‘‘(C) the indebtedness is part of an arrangement which is reasonably expected to result in a transaction described in subparagraph (A) or (B). For purposes of this paragraph, principal or interest shall be treated as required to be so paid, converted, or determined if it may be required at the option of the holder or a related party and there is a substantial certainty the option will be exercised. ‘‘(4) RELATED PARTY.—For purposes of this subsection, a person is a related party with respect to another person if such person bears a relationship to such other person described in section 267(b) or 707(b). ‘‘(5) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations preventing avoidance of this subsection through the use of an issuer other than a corporation.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by this section shall apply to disqualified debt instruments issued after June 8, 1997. (2) TRANSITION RULE.—The amendment made by this section shall not apply to any instrument issued after June 8, 1997, if such instrument is— (A) issued pursuant to a written agreement which was binding on such date and at all times thereafter, (B) described in a ruling request submitted to the Internal Revenue Service on or before such date, or (C) described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission required solely by reason of the issuance.

Subtitle B—Corporate Organizations and Reorganizations
SEC. 1011. TAX TREATMENT OF CERTAIN EXTRAORDINARY DIVIDENDS.

(a) TREATMENT OF EXTRAORDINARY DIVIDENDS IN EXCESS OF BASIS.—Paragraph (2) of section 1059(a) (relating to corporate shareholder’s recognition of gain attributable to nontaxed portion of extraordinary dividends) is amended to read as follows: ‘‘(2) AMOUNTS IN EXCESS OF BASIS.—If the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received.’’. (b) TREATMENT OF REDEMPTIONS WHERE OPTIONS INVOLVED.— Paragraph (1) of section 1059(e) (relating to treatment of partial liquidations and non-pro rata redemptions) is amended to read as follows: ‘‘(1) TREATMENT OF PARTIAL LIQUIDATIONS AND CERTAIN REDEMPTIONS.—Except as otherwise provided in regulations— ‘‘(A) REDEMPTIONS.—In the case of any redemption of stock—

131 ‘‘(i) which is part of a partial liquidation (within the meaning of section 302(e)) of the redeeming corporation, ‘‘(ii) which is not pro rata as to all shareholders, or ‘‘(iii) which would not have been treated (in whole or in part) as a dividend if any options had not been taken into account under section 318(a)(4), any amount treated as a dividend with respect to such redemption shall be treated as an extraordinary dividend to which paragraphs (1) and (2) of subsection (a) apply without regard to the period the taxpayer held such stock. In the case of a redemption described in clause (iii), only the basis in the stock redeemed shall be taken into account under subsection (a). ‘‘(B) REORGANIZATIONS, ETC.—An exchange described in section 356 which is treated as a dividend shall be treated as a redemption of stock for purposes of applying subparagraph (A).’’. (c) TIME FOR REDUCTION.—Paragraph (1) of section 1059(d) is amended to read as follows: ‘‘(1) TIME FOR REDUCTION.—Any reduction in basis under subsection (a)(1) shall be treated as occurring at the beginning of the ex-dividend date of the extraordinary dividend to which the reduction relates.’’. (d) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to distributions after May 3, 1995. (2) TRANSITION RULE.—The amendments made by this section shall not apply to any distribution made pursuant to the terms of— (A) a written binding contract in effect on May 3, 1995, and at all times thereafter before such distribution, or (B) a tender offer outstanding on May 3, 1995. (3) CERTAIN DIVIDENDS NOT PURSUANT TO CERTAIN REDEMPTIONS.—In determining whether the amendment made by subsection (a) applies to any extraordinary dividend other than a dividend treated as an extraordinary dividend under section 1059(e)(1) of the Internal Revenue Code of 1986 (as amended by this Act), paragraphs (1) and (2) shall be applied by substituting ‘‘September 13, 1995’’ for ‘‘May 3, 1995’’.
SEC. 1012. APPLICATION OF SECTION 355 TO DISTRIBUTIONS IN CONNECTION WITH ACQUISITIONS AND TO INTRAGROUP TRANSACTIONS.

(a) DISTRIBUTIONS IN CONNECTION WITH ACQUISITIONS.—Section 355 (relating to distributions of stock and securities of a controlled corporation) is amended by adding at the end the following new subsection: ‘‘(e) RECOGNITION OF GAIN ON CERTAIN DISTRIBUTIONS OF STOCK OR SECURITIES IN CONNECTION WITH ACQUISITIONS.— ‘‘(1) GENERAL RULE.—If there is a distribution to which this subsection applies, any stock or securities in the controlled corporation shall not be treated as qualified property for purposes of subsection (c)(2) of this section or section 361(c)(2).

132 ‘‘(2) DISTRIBUTIONS TO WHICH SUBSECTION APPLIES.— ‘‘(A) IN GENERAL.—This subsection shall apply to any distribution— ‘‘(i) to which this section (or so much of section 356 as relates to this section) applies, and ‘‘(ii) which is part of a plan (or series of related transactions) pursuant to which 1 or more persons acquire directly or indirectly stock representing a 50-percent or greater interest in the distributing corporation or any controlled corporation. ‘‘(B) PLAN PRESUMED TO EXIST IN CERTAIN CASES.—If 1 or more persons acquire directly or indirectly stock representing a 50-percent or greater interest in the distributing corporation or any controlled corporation during the 4-year period beginning on the date which is 2 years before the date of the distribution, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that the distribution and the acquisition are not pursuant to a plan or series of related transactions. ‘‘(C) CERTAIN PLANS DISREGARDED.—A plan (or series of related transactions) shall not be treated as described in subparagraph (A)(ii) if, immediately after the completion of such plan or transactions, the distributing corporation and all controlled corporations are members of a single affiliated group (as defined in section 1504 without regard to subsection (b) thereof). ‘‘(D) COORDINATION WITH SUBSECTION (d).—This subsection shall not apply to any distribution to which subsection (d) applies. ‘‘(3) SPECIAL RULES RELATING TO ACQUISITIONS.— ‘‘(A) CERTAIN ACQUISITIONS NOT TAKEN INTO ACCOUNT.—Except as provided in regulations, the following acquisitions shall not be treated as described in paragraph (2)(A)(ii): ‘‘(i) The acquisition of stock in any controlled corporation by the distributing corporation. ‘‘(ii) The acquisition by a person of stock in any controlled corporation by reason of holding stock or securities in the distributing corporation. ‘‘(iii) The acquisition by a person of stock in any successor corporation of the distributing corporation or any controlled corporation by reason of holding stock or securities in such distributing or controlled corporation. ‘‘(iv) The acquisition of stock in a corporation if shareholders owning directly or indirectly stock possessing— ‘‘(I) more than 50 percent of the total combined voting power of all classes of stock entitled to vote, and ‘‘(II) more than 50 percent of the total value of shares of all classes of stock, in the distributing corporation or any controlled corporation before such acquisition own directly or indi-

133 rectly stock possessing such vote and value in such distributing or controlled corporation after such acquisition. This subparagraph shall not apply to any acquisition if the stock held before the acquisition was acquired pursuant to a plan (or series of related transactions) described in paragraph (2)(A)(ii). ‘‘(B) ASSET ACQUISITIONS.—Except as provided in regulations, for purposes of this subsection, if the assets of the distributing corporation or any controlled corporation are acquired by a successor corporation in a transaction described in subparagraph (A), (C), or (D) of section 368(a)(1) or any other transaction specified in regulations by the Secretary, the shareholders (immediately before the acquisition) of the corporation acquiring such assets shall be treated as acquiring stock in the corporation from which the assets were acquired. ‘‘(4) DEFINITION AND SPECIAL RULES.—For purposes of this subsection— ‘‘(A) 50-PERCENT OR GREATER INTEREST.—The term ‘50percent or greater interest’ has the meaning given such term by subsection (d)(4). ‘‘(B) DISTRIBUTIONS IN TITLE 11 OR SIMILAR CASE.— Paragraph (1) shall not apply to any distribution made in a title 11 or similar case (as defined in section 368(a)(3)). ‘‘(C) AGGREGATION AND ATTRIBUTION RULES.— ‘‘(i) AGGREGATION.—The rules of paragraph (7)(A) of subsection (d) shall apply. ‘‘(ii) ATTRIBUTION.—Section 318(a)(2) shall apply in determining whether a person holds stock or securities in any corporation. Except as provided in regulations, section 318(a)(2)(C) shall be applied without regard to the phrase ‘50 percent or more in value’ for purposes of the preceding sentence. ‘‘(D) SUCCESSORS AND PREDECESSORS.—For purposes of this subsection, any reference to a controlled corporation or a distributing corporation shall include a reference to any predecessor or successor of such corporation. ‘‘(E) STATUTE OF LIMITATIONS.—If there is a distribution to which paragraph (1) applies— ‘‘(i) the statutory period for the assessment of any deficiency attributable to any part of the gain recognized under this subsection by reason of such distribution shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) that such distribution occurred, and ‘‘(ii) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ‘‘(5) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations—

134 ‘‘(A) providing for the application of this subsection where there is more than 1 controlled corporation, ‘‘(B) treating 2 or more distributions as 1 distribution where necessary to prevent the avoidance of such purposes, and ‘‘(C) providing for the application of rules similar to the rules of subsection (d)(6) where appropriate for purposes of paragraph (2)(B).’’. (b) SPECIAL RULES FOR CERTAIN INTRAGROUP TRANSACTIONS.— (1) SECTION 355 NOT TO APPLY.—Section 355, as amended by subsection (a), is amended by adding at the end the following new subsection: ‘‘(f) SECTION NOT TO APPLY TO CERTAIN INTRAGROUP DISTRIBUTIONS.—Except as provided in regulations, this section (or so much of section 356 as relates to this section) shall not apply to the distribution of stock from 1 member of an affiliated group (as defined in section 1504(a)) to another member of such group if such distribution is part of a plan (or series of related transactions) described in subsection (e)(2)(A)(ii) (determined after the application of subsection (e)).’’. (2) ADJUSTMENTS TO BASIS.—Section 358 (relating to basis to distributees) is amended by adding at the end the following new subsection: ‘‘(g) ADJUSTMENTS IN INTRAGROUP TRANSACTIONS INVOLVING SECTION 355.—In the case of a distribution to which section 355 (or so much of section 356 as relates to section 355) applies and which involves the distribution of stock from 1 member of an affiliated group (as defined in section 1504(a) without regard to subsection (b) thereof) to another member of such group, the Secretary may, notwithstanding any other provision of this section, provide adjustments to the adjusted basis of any stock which— ‘‘(1) is in a corporation which is a member of such group, and ‘‘(2) is held by another member of such group, to appropriately reflect the proper treatment of such distribution.’’. (c) DETERMINATION OF CONTROL IN CERTAIN DIVISIVE TRANSACTIONS.— (1) SECTION 351 TRANSACTIONS.—Section 351(c) (relating to special rule) is amended to read as follows: ‘‘(c) SPECIAL RULES WHERE DISTRIBUTION TO SHAREHOLDERS.—In determining control for purposes of this section— ‘‘(1) the fact that any corporate transferor distributes part or all of the stock in the corporation which it receives in the exchange to its shareholders shall not be taken into account, and ‘‘(2) if the requirements of section 355 are met with respect to such distribution, the shareholders shall be treated as in control of such corporation immediately after the exchange if the shareholders own (immediately after the distribution) stock possessing— ‘‘(A) more than 50 percent of the total combined voting power of all classes of stock of such corporation entitled to vote, and ‘‘(B) more than 50 percent of the total value of shares of all classes of stock of such corporation.’’.

135 (2) D REORGANIZATIONS.—Section 368(a)(2)(H) (relating to special rule for determining whether certain transactions are qualified under paragraph (1)(D)) is amended to read as follows: ‘‘(H) SPECIAL RULES FOR DETERMINING WHETHER CERof determining whether a transaction qualifies under paragraph (1)(D)— ‘‘(i) in the case of a transaction with respect to which the requirements of subparagraphs (A) and (B) of section 354(b)(1) are met, the term ‘control’ has the meaning given such term by section 304(c), and ‘‘(ii) in the case of a transaction with respect to which the requirements of section 355 are met, the shareholders described in paragraph (1)(D) shall be treated as having control of the corporation to which the assets are transferred if such shareholders own (immediately after the distribution) stock possessing— ‘‘(I) more than 50 percent of the total combined voting power of all classes of stock of such corporation entitled to vote, and ‘‘(II) more than 50 percent of the total value of shares of all classes of stock of such corporation.’’. (d) EFFECTIVE DATES.— (1) SECTION 355 RULES.—The amendments made by subsections (a) and (b) shall apply to distributions after April 16, 1997, pursuant to a plan (or series of related transactions) which involves an acquisition described in section 355(e)(2)(A)(ii) of the Internal Revenue Code of 1986 occurring after such date. (2) DIVISIVE TRANSACTIONS.—The amendments made by subsection (c) shall apply to transfers after the date of the enactment of this Act. (3) TRANSITION RULE.—The amendments made by this section shall not apply to any distribution pursuant to a plan (or series of related transactions) which involves an acquisition described in section 355(e)(2)(A)(ii) of the Internal Revenue Code of 1986 (or, in the case of the amendments made by subsection (c), any transfer) occurring after April 16, 1997, if such acquisition or transfer is— (A) made pursuant to an agreement which was binding on such date and at all times thereafter, (B) described in a ruling request submitted to the Internal Revenue Service on or before such date, or (C) described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission required solely by reason of the acquisition or transfer. This paragraph shall not apply to any agreement, ruling request, or public announcement or filing unless it identifies the acquirer of the distributing corporation or any controlled corporation, or the transferee, whichever is applicable.
TAIN TRANSACTIONS (1)(D).—For purposes ARE QUALIFIED UNDER PARAGRAPH

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SEC. 1013. TAX TREATMENT OF REDEMPTIONS INVOLVING RELATED CORPORATIONS.

(a) STOCK PURCHASES BY RELATED CORPORATIONS.—The last sentence of section 304(a)(1) (relating to acquisition by related corporation other than subsidiary) is amended to read as follows: ‘‘To the extent that such distribution is treated as a distribution to which section 301 applies, the transferor and the acquiring corporation shall be treated in the same manner as if the transferor had transferred the stock so acquired to the acquiring corporation in exchange for stock of the acquiring corporation in a transaction to which section 351(a) applies, and then the acquiring corporation had redeemed the stock it was treated as issuing in such transaction.’’. (b) COORDINATION WITH SECTION 1059.—Clause (iii) of section 1059(e)(1)(A), as amended by this title, is amended to read as follows: ‘‘(iii) which would not have been treated (in whole or in part) as a dividend if— ‘‘(I) any options had not been taken into account under section 318(a)(4), or ‘‘(II) section 304(a) had not applied,’’. (c) SPECIAL RULE FOR ACQUISITIONS BY FOREIGN CORPORATIONS.—Section 304(b) (relating to special rules for application of subsection (a)) is amended by adding at the end the following new paragraph: ‘‘(5) ACQUISITIONS BY FOREIGN CORPORATIONS.— ‘‘(A) IN GENERAL.—In the case of any acquisition to which subsection (a) applies in which the acquiring corporation is a foreign corporation, the only earnings and profits taken into account under paragraph (2)(A) shall be those earnings and profits— ‘‘(i) which are attributable (under regulations prescribed by the Secretary) to stock of the acquiring corporation owned (within the meaning of section 958(a)) by a corporation or individual which is— ‘‘(I) a United States shareholder (within the meaning of section 951(b)) of the acquiring corporation, and ‘‘(II) the transferor or a person who bears a relationship to the transferor described in section 267(b) or 707(b), and ‘‘(ii) which were accumulated during the period or periods such stock was owned by such person while the acquiring corporation was a controlled foreign corporation. ‘‘(B) APPLICATION OF SECTION 1248.—For purposes of subparagraph (A), the rules of section 1248(d) shall apply except to the extent otherwise provided by the Secretary. ‘‘(C) REGULATIONS.—The Secretary shall prescribe such regulations as are appropriate to carry out the purposes of this paragraph.’’. (d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to distributions and acquisitions after June 8, 1997.

137 (2) TRANSITION RULE.—The amendments made by this section shall not apply to any distribution or acquisition after June 8, 1997, if such distribution or acquisition is— (A) made pursuant to a written agreement which was binding on such date and at all times thereafter, (B) described in a ruling request submitted to the Internal Revenue Service on or before such date, or (C) described in a public announcement or filing with the Securities and Exchange Commission on or before such date.
SEC. 1014. CERTAIN PREFERRED STOCK TREATED AS BOOT.

(a) SECTION 351.—Section 351 (relating to transfer to corporation controlled by transferor) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ‘‘(g) NONQUALIFIED PREFERRED STOCK NOT TREATED AS STOCK.— ‘‘(1) IN GENERAL.—In the case of a person who transfers property to a corporation and receives nonqualified preferred stock— ‘‘(A) subsection (a) shall not apply to such transferor, ‘‘(B) subsection (b) shall apply to such transferor, and ‘‘(C) such nonqualified preferred stock shall be treated as other property for purposes of applying subsection (b). ‘‘(2) NONQUALIFIED PREFERRED STOCK.—For purposes of paragraph (1)— ‘‘(A) IN GENERAL.—The term ‘nonqualified preferred stock’ means preferred stock if— ‘‘(i) the holder of such stock has the right to require the issuer or a related person to redeem or purchase the stock, ‘‘(ii) the issuer or a related person is required to redeem or purchase such stock, ‘‘(iii) the issuer or a related person has the right to redeem or purchase the stock and, as of the issue date, it is more likely than not that such right will be exercised, or ‘‘(iv) the dividend rate on such stock varies in whole or in part (directly or indirectly) with reference to interest rates, commodity prices, or other similar indices. ‘‘(B) LIMITATIONS.—Clauses (i), (ii), and (iii) of subparagraph (A) shall apply only if the right or obligation referred to therein may be exercised within the 20-year period beginning on the issue date of such stock and such right or obligation is not subject to a contingency which, as of the issue date, makes remote the likelihood of the redemption or purchase. ‘‘(C) EXCEPTIONS FOR CERTAIN RIGHTS OR OBLIGATIONS.— ‘‘(i) IN GENERAL.—A right or obligation shall not be treated as described in clause (i), (ii), or (iii) of subparagraph (A) if—

138 ‘‘(I) it may be exercised only upon the death, disability, or mental incompetency of the holder, or ‘‘(II) in the case of a right or obligation to redeem or purchase stock transferred in connection with the performance of services for the issuer or a related person (and which represents reasonable compensation), it may be exercised only upon the holder’s separation from service from the issuer or a related person. ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not apply if the stock relinquished in the exchange, or the stock acquired in the exchange is in— ‘‘(I) a corporation if any class of stock in such corporation or a related party is readily tradable on an established securities market or otherwise, or ‘‘(II) any other corporation if such exchange is part of a transaction or series of transactions in which such corporation is to become a corporation described in subclause (I). ‘‘(3) DEFINITIONS.—For purposes of this subsection— ‘‘(A) PREFERRED STOCK.—The term ‘preferred stock’ means stock which is limited and preferred as to dividends and does not participate in corporate growth to any significant extent. ‘‘(B) RELATED PERSON.—A person shall be treated as related to another person if they bear a relationship to such other person described in section 267(b) or 707(b). ‘‘(4) REGULATIONS.—The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and sections 354(a)(2)(C), 355(a)(3)(D), and 356(e). The Secretary may also prescribe regulations, consistent with the treatment under this subsection and such sections, for the treatment of nonqualified preferred stock under other provisions of this title.’’. (b) SECTION 354.—Paragraph (2) of section 354(a) (relating to exchanges of stock and securities in certain reorganizations) is amended by adding at the end the following new subparagraph: ‘‘(C) NONQUALIFIED PREFERRED STOCK.— ‘‘(i) IN GENERAL.—Nonqualified preferred stock (as defined in section 351(g)(2)) received in exchange for stock other than nonqualified preferred stock (as so defined) shall not be treated as stock or securities. ‘‘(ii) RECAPITALIZATIONS OF FAMILY-OWNED CORPORATIONS.— ‘‘(I) IN GENERAL.—Clause (i) shall not apply in the case of a recapitalization under section 368(a)(1)(E) of a family-owned corporation. ‘‘(II) FAMILY-OWNED CORPORATION.—For purposes of this clause, except as provided in regulations, the term ‘family-owned corporation’ means any corporation which is described in clause (i) of section 447(d)(2)(C) throughout the 8-year period beginning on the date which is 5 years before the

139 date of the recapitalization. For purposes of the preceding sentence, stock shall not be treated as owned by a family member during any period described in section 355(d)(6)(B).’’. (c) SECTION 355.—Paragraph (3) of section 355(a) is amended by adding at the end the following new subparagraph: ‘‘(D) NONQUALIFIED PREFERRED STOCK.—Nonqualified preferred stock (as defined in section 351(g)(2)) received in a distribution with respect to stock other than nonqualified preferred stock (as so defined) shall not be treated as stock or securities.’’. (d) SECTION 356.—Section 356 is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following new subsection: ‘‘(e) NONQUALIFIED PREFERRED STOCK TREATED AS OTHER PROPERTY.—For purposes of this section— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the term ‘other property’ includes nonqualified preferred stock (as defined in section 351(g)(2)). ‘‘(2) EXCEPTION.—The term ‘other property’ does not include nonqualified preferred stock (as so defined) to the extent that, under section 354 or 355, such preferred stock would be permitted to be received without the recognition of gain.’’. (e) CONFORMING AMENDMENTS.— (1) Subparagraph (B) of section 354(a)(2) and subparagraph (C) of section 355(a)(3)(C) are each amended by inserting ‘‘(including nonqualified preferred stock, as defined in section 351(g)(2))’’ after ‘‘stock’’. (2) Subparagraph (A) of section 354(a)(3) and subparagraph (A) of section 355(a)(4) are each amended by inserting ‘‘nonqualified preferred stock and’’ after ‘‘including’’. (3) Section 1036 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection: ‘‘(b) NONQUALIFIED PREFERRED STOCK NOT TREATED AS STOCK.—For purposes of this section, nonqualified preferred stock (as defined in section 351(g)(2)) shall be treated as property other than stock.’’. (f) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to transactions after June 8, 1997. (2) TRANSITION RULE.—The amendments made by this section shall not apply to any transaction after June 8, 1997, if such transaction is— (A) made pursuant to a written agreement which was binding on such date and at all times thereafter, (B) described in a ruling request submitted to the Internal Revenue Service on or before such date, or (C) described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission required solely by reason of the transaction.

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SEC. 1015. MODIFICATION OF HOLDING PERIOD APPLICABLE TO DIVIDENDS RECEIVED DEDUCTION.

(a) IN GENERAL.—Subparagraph (A) of section 246(c)(1) is amended to read as follows: ‘‘(A) which is held by the taxpayer for 45 days or less during the 90-day period beginning on the date which is 45 days before the date on which such share becomes ex-dividend with respect to such dividend, or’’. (b) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 246(c) is amended to read as follows: ‘‘(2) 90-DAY RULE IN THE CASE OF CERTAIN PREFERENCE DIVIDENDS.—In the case of stock having preference in dividends, if the taxpayer receives dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days, paragraph (1)(A) shall be applied— ‘‘(A) by substituting ‘90 days’ for ‘45 days’ each place it appears, and ‘‘(B) by substituting ‘180-day period’ for ‘90-day period’.’’. (2) Paragraph (3) of section 246(c) is amended by adding ‘‘and’’ at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to dividends received or accrued after the 30th day after the date of the enactment of this Act. (2) TRANSITIONAL RULE.—The amendments made by this section shall not apply to dividends received or accrued during the 2-year period beginning on the date of the enactment of this Act if— (A) the dividend is paid with respect to stock held by the taxpayer on June 8, 1997, and all times thereafter until the dividend is received, (B) such stock is continuously subject to a position described in section 246(c)(4) of the Internal Revenue Code of 1986 on June 8, 1997, and all times thereafter until the dividend is received, and (C) such stock and position are clearly identified in the taxpayer’s records within 30 days after the date of the enactment of this Act. Stock shall not be treated as meeting the requirement of subparagraph (B) if the position is sold, closed, or otherwise terminated and reestablished.

Subtitle C—Administrative Provisions
SEC. 1021. REPORTING OF CERTAIN PAYMENTS MADE TO ATTORNEYS.

(a) IN GENERAL.—Section 6045 (relating to returns of brokers) is amended by adding at the end the following new subsection: ‘‘(f) RETURN REQUIRED IN THE CASE OF PAYMENTS TO ATTORNEYS.—

141 ‘‘(1) IN GENERAL.—Any person engaged in a trade or business and making a payment (in the course of such trade or business) to which this subsection applies shall file a return under subsection (a) and a statement under subsection (b) with respect to such payment. ‘‘(2) APPLICATION OF SUBSECTION.— ‘‘(A) IN GENERAL.—This subsection shall apply to any payment to an attorney in connection with legal services (whether or not such services are performed for the payor). ‘‘(B) EXCEPTION.—This subsection shall not apply to the portion of any payment which is required to be reported under section 6041(a) (or would be so required but for the dollar limitation contained therein) or section 6051.’’. (b) REPORTING OF ATTORNEYS’ FEES PAYABLE TO CORPORATIONS.—The regulations providing an exception under section 6041 of the Internal Revenue Code of 1986 for payments made to corporations shall not apply to payments of attorneys’ fees. (c) EFFECTIVE DATE.—The amendment made by this section shall apply to payments made after December 31, 1997.
SEC. 1022. DECREASE OF THRESHOLD FOR REPORTING PAYMENTS TO CORPORATIONS PERFORMING SERVICES FOR FEDERAL AGENCIES.

(a) IN GENERAL.—Subsection (d) of section 6041A (relating to returns regarding payments of remuneration for services and direct sales) is amended by adding at the end the following new paragraph: ‘‘(3) PAYMENTS TO CORPORATIONS BY FEDERAL EXECUTIVE AGENCIES.— ‘‘(A) IN GENERAL.—Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this paragraph, subsection (a) shall apply to remuneration paid to a corporation by any Federal executive agency (as defined in section 6050M(b)). ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to— ‘‘(i) services under contracts described in section 6050M(e)(3) with respect to which the requirements of section 6050M(e)(2) are met, and ‘‘(ii) such other services as the Secretary may specify in regulations prescribed after the date of the enactment of this paragraph.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to returns the due date for which (determined without regard to any extension) is more than 90 days after the date of the enactment of this Act.
SEC. 1023. DISCLOSURE OF RETURN INFORMATION FOR ADMINISTRATION OF CERTAIN VETERANS PROGRAMS.

(a) GENERAL RULE.—Clause (viii) of section 6103(l)(7)(D) (relating to disclosure of return information to Federal, State, and local agencies administering certain programs) is amended by striking ‘‘1998’’ and inserting ‘‘2003’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

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SEC. 1024. CONTINUOUS LEVY ON CERTAIN PAYMENTS.

(a) IN GENERAL.—Section 6331 (relating to levy and distraint) is amended— (1) by redesignating subsection (h) as subsection (i), and (2) by inserting after subsection (g) the following new subsection: ‘‘(h) CONTINUING LEVY ON CERTAIN PAYMENTS.— ‘‘(1) IN GENERAL.—The effect of a levy on specified payments to or received by a taxpayer shall be continuous from the date such levy is first made until such levy is released. Notwithstanding section 6334, such continuous levy shall attach to up to 15 percent of any specified payment due to the taxpayer. ‘‘(2) SPECIFIED PAYMENT.—For the purposes of paragraph (1), the term ‘specified payment’ means— ‘‘(A) any Federal payment other than a payment for which eligibility is based on the income or assets (or both) of a payee, ‘‘(B) any payment described in paragraph (4), (7), (9), or (11) of section 6334(a), and ‘‘(C) any annuity or pension payment under the Railroad Retirement Act or benefit under the Railroad Unemployment Insurance Act.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to levies issued after the date of the enactment of this Act.
SEC. 1025. MODIFICATION OF LEVY EXEMPTION.

(a) IN GENERAL.—Section 6334 (relating to property exempt from levy) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) LEVY ALLOWED ON CERTAIN SPECIFIED PAYMENTS.—Any payment described in subparagraph (B) or (C) of section 6331(h)(2) shall not be exempt from levy if the Secretary approves the levy thereon under section 6331(h).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to levies issued after the date of the enactment of this Act.
SEC. 1026. CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION.

(a) IN GENERAL.—Subsection (k) of section 6103 is amended by adding at the end the following new paragraph: ‘‘(8) LEVIES ON CERTAIN GOVERNMENT PAYMENTS.— ‘‘(A) DISCLOSURE OF RETURN INFORMATION IN LEVIES ON FINANCIAL MANAGEMENT SERVICE.—In serving a notice of levy, or release of such levy, with respect to any applicable government payment, the Secretary may disclose to officers and employees of the Financial Management Service— ‘‘(i) return information, including taxpayer identity information, ‘‘(ii) the amount of any unpaid liability under this title (including penalties and interest), and ‘‘(iii) the type of tax and tax period to which such unpaid liability relates.

143 ‘‘(B) RESTRICTION ON USE OF DISCLOSED INFORMATION.—Return information disclosed under subparagraph (A) may be used by officers and employees of the Financial Management Service only for the purpose of, and to the extent necessary in, transferring levied funds in satisfaction of the levy, maintaining appropriate agency records in regard to such levy or the release thereof, notifying the taxpayer and the agency certifying such payment that the levy has been honored, or in the defense of any litigation ensuing from the honor of such levy. ‘‘(C) APPLICABLE GOVERNMENT PAYMENT.—For purposes of this paragraph, the term ‘applicable government payment’ means— ‘‘(i) any Federal payment (other than a payment for which eligibility is based on the income or assets (or both) of a payee) certified to the Financial Management Service for disbursement, and ‘‘(ii) any other payment which is certified to the Financial Management Service for disbursement and which the Secretary designates by published notice.’’. (b) CONFORMING AMENDMENTS.— (1) Section 6103(p) is amended— (A) in paragraph (3)(A), by striking ‘‘(2), or (6)’’ and inserting ‘‘(2), (6), or (8)’’, and (B) in paragraph (4), by inserting ‘‘(k)(8),’’ after ‘‘(j) (1) or (2),’’ each place it appears. (2) Section 552a(a)(8)(B) of title 5, United States Code, is amended by striking ‘‘or’’ at the end of clause (v), by adding ‘‘or’’ at the end of clause (vi), and by adding at the end the following new clause: ‘‘(vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986;’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to levies issued after the date of the enactment of this Act.
SEC. 1027. RETURNS OF BENEFICIARIES OF ESTATES AND TRUSTS REQUIRED TO FILE RETURNS CONSISTENT WITH ESTATE OR TRUST RETURN OR TO NOTIFY SECRETARY OF INCONSISTENCY.

(a) DOMESTIC ESTATES AND TRUSTS.—Section 6034A (relating to information to beneficiaries of estates and trusts) is amended by adding at the end the following new subsection: ‘‘(c) BENEFICIARY’S RETURN MUST BE CONSISTENT WITH ESTATE OR TRUST RETURN OR SECRETARY NOTIFIED OF INCONSISTENCY.— ‘‘(1) IN GENERAL.—A beneficiary of any estate or trust to which subsection (a) applies shall, on such beneficiary’s return, treat any reported item in a manner which is consistent with the treatment of such item on the applicable entity’s return. ‘‘(2) NOTIFICATION OF INCONSISTENT TREATMENT.— ‘‘(A) IN GENERAL.—In the case of any reported item, if— ‘‘(i)(I) the applicable entity has filed a return but the beneficiary’s treatment on such beneficiary’s return

144 is (or may be) inconsistent with the treatment of the item on the applicable entity’s return, or ‘‘(II) the applicable entity has not filed a return, and ‘‘(ii) the beneficiary files with the Secretary a statement identifying the inconsistency, paragraph (1) shall not apply to such item. ‘‘(B) BENEFICIARY RECEIVING INCORRECT INFORMATION.—A beneficiary shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a reported item if the beneficiary— ‘‘(i) demonstrates to the satisfaction of the Secretary that the treatment of the reported item on the beneficiary’s return is consistent with the treatment of the item on the statement furnished under subsection (a) to the beneficiary by the applicable entity, and ‘‘(ii) elects to have this paragraph apply with respect to that item. ‘‘(3) EFFECT OF FAILURE TO NOTIFY.—In any case— ‘‘(A) described in subparagraph (A)(i)(I) of paragraph (2), and ‘‘(B) in which the beneficiary does not comply with subparagraph (A)(ii) of paragraph (2), any adjustment required to make the treatment of the items by such beneficiary consistent with the treatment of the items on the applicable entity’s return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213(b)(1). Paragraph (2) of section 6213(b) shall not apply to any assessment referred to in the preceding sentence. ‘‘(4) DEFINITIONS.—For purposes of this subsection— ‘‘(A) REPORTED ITEM.—The term ‘reported item’ means any item for which information is required to be furnished under subsection (a). ‘‘(B) APPLICABLE ENTITY.—The term ‘applicable entity’ means the estate or trust of which the taxpayer is the beneficiary. ‘‘(5) ADDITION TO TAX FOR FAILURE TO COMPLY WITH SECTION.—For addition to tax in the case of a beneficiary’s negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of chapter 68.’’. (b) FOREIGN TRUSTS.—Subsection (d) of section 6048 (relating to information with respect to certain foreign trusts) is amended by adding at the end the following new paragraph: ‘‘(5) UNITED STATES PERSON’S RETURN MUST BE CONSISTENT WITH TRUST RETURN OR SECRETARY NOTIFIED OF INCONSISTENCY.—Rules similar to the rules of section 6034A(c) shall apply to items reported by a trust under subsection (b)(1)(B) and to United States persons referred to in such subsection.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to returns of beneficiaries and owners filed after the date of the enactment of this Act.

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SEC. 1028. REGISTRATION AND OTHER PROVISIONS RELATING TO CONFIDENTIAL CORPORATE TAX SHELTERS.

(a) IN GENERAL.—Section 6111 (relating to registration of tax shelters) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ‘‘(d) CERTAIN CONFIDENTIAL ARRANGEMENTS TREATED AS TAX SHELTERS.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘tax shelter’ includes any entity, plan, arrangement, or transaction— ‘‘(A) a significant purpose of the structure of which is the avoidance or evasion of Federal income tax for a direct or indirect participant which is a corporation, ‘‘(B) which is offered to any potential participant under conditions of confidentiality, and ‘‘(C) for which the tax shelter promoters may receive fees in excess of $100,000 in the aggregate. ‘‘(2) CONDITIONS OF CONFIDENTIALITY.—For purposes of paragraph (1)(B), an offer is under conditions of confidentiality if— ‘‘(A) the potential participant to whom the offer is made (or any other person acting on behalf of such participant) has an understanding or agreement with or for the benefit of any promoter of the tax shelter that such participant (or such other person) will limit disclosure of the tax shelter or any significant tax features of the tax shelter, or ‘‘(B) any promoter of the tax shelter— ‘‘(i) claims, knows, or has reason to know, ‘‘(ii) knows or has reason to know that any other person (other than the potential participant) claims, or ‘‘(iii) causes another person to claim, that the tax shelter (or any aspect thereof) is proprietary to any person other than the potential participant or is otherwise protected from disclosure to or use by others. For purposes of this subsection, the term ‘promoter’ means any person or any related person (within the meaning of section 267 or 707) who participates in the organization, management, or sale of the tax shelter. ‘‘(3) PERSONS OTHER THAN PROMOTER REQUIRED TO REGISTER IN CERTAIN CASES.— ‘‘(A) IN GENERAL.—If— ‘‘(i) the requirements of subsection (a) are not met with respect to any tax shelter (as defined in paragraph (1)) by any tax shelter promoter, and ‘‘(ii) no tax shelter promoter is a United States person, then each United States person who discussed participation in such shelter shall register such shelter under subsection (a). ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to a United States person who discussed participation in a tax shelter if—

146 ‘‘(i) such person notified the promoter in writing (not later than the close of the 90th day after the day on which such discussions began) that such person would not participate in such shelter, and ‘‘(ii) such person does not participate in such shelter. ‘‘(4) OFFER TO PARTICIPATE TREATED AS OFFER FOR SALE.— For purposes of subsections (a) and (b), an offer to participate in a tax shelter (as defined in paragraph (1)) shall be treated as an offer for sale.’’. (b) PENALTY.—Subsection (a) of section 6707 (relating to failure to furnish information regarding tax shelters) is amended by adding at the end the following new paragraph: ‘‘(3) CONFIDENTIAL ARRANGEMENTS.— ‘‘(A) IN GENERAL.—In the case of a tax shelter (as defined in section 6111(d)), the penalty imposed under paragraph (1) shall be an amount equal to the greater of— ‘‘(i) 50 percent of the fees paid to all promoters of the tax shelter with respect to offerings made before the date such shelter is registered under section 6111, or ‘‘(ii) $10,000. Clause (i) shall be applied by substituting ‘75 percent’ for ‘50 percent’ in the case of an intentional failure or act described in paragraph (1). ‘‘(B) SPECIAL RULE FOR PARTICIPANTS REQUIRED TO REGISTER SHELTER.—In the case of a person required to register such a tax shelter by reason of section 6111(d)(3)— ‘‘(i) such person shall be required to pay the penalty under paragraph (1) only if such person actually participated in such shelter, ‘‘(ii) the amount of such penalty shall be determined by taking into account under subparagraph (A)(i) only the fees paid by such person, and ‘‘(iii) such penalty shall be in addition to the penalty imposed on any other person for failing to register such shelter.’’. (c) MODIFICATIONS TO SUBSTANTIAL UNDERSTATEMENT PENALTY.— (1) RESTRICTION ON REASONABLE BASIS FOR CORPORATE UNDERSTATEMENT OF INCOME TAX.—Subparagraph (B) of section 6662(d)(2) is amended by adding at the end the following new flush sentence: ‘‘For purposes of clause (ii)(II), in no event shall a corporation be treated as having a reasonable basis for its tax treatment of an item attributable to a multiple-party financing transaction if such treatment does not clearly reflect the income of the corporation.’’. (2) MODIFICATION TO DEFINITION OF TAX SHELTER.—Clause (iii) of section 6662(d)(2)(C) is amended by striking ‘‘the principal purpose’’ and inserting ‘‘a significant purpose’’. (d) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 6707(a) is amended by striking ‘‘The penalty’’ and inserting ‘‘Except as provided in paragraph (3), the penalty’’.

147 (2) Subparagraph (A) of section 6707(a)(1) is amended by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (2) or (3), as the case may be’’. (e) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to any tax shelter (as defined in section 6111(d) of the Internal Revenue Code of 1986, as amended by this section) interests in which are offered to potential participants after the Secretary of the Treasury prescribes guidance with respect to meeting requirements added by such amendments. (2) MODIFICATIONS TO SUBSTANTIAL UNDERSTATEMENT PENALTY.—The amendments made by subsection (c) shall apply to items with respect to transactions entered into after the date of the enactment of this Act.

Subtitle D—Excise and Employment Tax Provisions
SEC. 1031. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND; INCREASED DEPOSITS INTO SUCH FUND.

(a) FUEL TAXES.— (1) AVIATION FUEL.—Clause (ii) of section 4091(b)(3)(A) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2007’’. (2) AVIATION GASOLINE.—Subparagraph (B) of section 4081(d)(2) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2007’’. (3) NONCOMMERCIAL AVIATION.—Subparagraph (B) of section 4041(c)(3) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2007’’. (b) TICKET TAXES.— (1) PERSONS.—Clause (ii) of section 4261(g)(1)(A) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2007’’. (2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘September 30, 2007’’. (c) MODIFICATIONS TO TAX ON TRANSPORTATION OF PERSONS BY AIR.— (1) IN GENERAL.—Section 4261 (relating to imposition of tax) is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ‘‘(a) IN GENERAL.—There is hereby imposed on the amount paid for taxable transportation of any person a tax equal to 7.5 percent of the amount so paid. ‘‘(b) DOMESTIC SEGMENTS OF TAXABLE TRANSPORTATION.— ‘‘(1) IN GENERAL.—There is hereby imposed on the amount paid for each domestic segment of taxable transportation by air a tax in the amount determined in accordance with the following table for the period in which the segment begins:

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In the case of segments beginning: The After September 30, 1997, and before October 1, 1998 ................... After September 30, 1998, and before October 1, 1999 ................... After September 30, 1999, and before January 1, 2000 .................. During 2000 ....................................................................................... During 2001 ....................................................................................... During 2002 or thereafter ................................................................. tax is: $1.00 $2.00 $2.25 $2.50 $2.75 $3.00.

‘‘(2) DOMESTIC SEGMENT.—For purposes of this section, the term ‘domestic segment’ means any segment consisting of 1 takeoff and 1 landing and which is taxable transportation described in section 4262(a)(1). ‘‘(3) CHANGES IN SEGMENTS BY REASON OF REROUTING.— If— ‘‘(A) transportation is purchased between 2 locations on specified flights, and ‘‘(B) there is a change in the route taken between such 2 locations which changes the number of domestic segments, but there is no change in the amount charged for such transportation, the tax imposed by paragraph (1) shall be determined without regard to such change in route. ‘‘(c) USE OF INTERNATIONAL TRAVEL FACILITIES.— ‘‘(1) IN GENERAL.—There is hereby imposed a tax of $12.00 on any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins or ends in the United States. ‘‘(2) EXCEPTION FOR TRANSPORTATION ENTIRELY TAXABLE UNDER SUBSECTION (a).—This subsection shall not apply to any transportation all of which is taxable under subsection (a) (determined without regard to sections 4281 and 4282). ‘‘(3) SPECIAL RULE FOR ALASKA AND HAWAII.—In any case in which the tax imposed by paragraph (1) applies to a domestic segment beginning or ending in Alaska or Hawaii, such tax shall apply only to departures and shall be at the rate of $6.’’. (2) SPECIAL RULES.—Section 4261 is amended by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively, and by inserting after subsection (d) the following new subsection: ‘‘(e) SPECIAL RULES.— ‘‘(1) SEGMENTS TO AND FROM RURAL AIRPORTS.— ‘‘(A) EXCEPTION FROM SEGMENT TAX.—The tax imposed by subsection (b)(1) shall not apply to any domestic segment beginning or ending at an airport which is a rural airport for the calendar year in which such segment begins or ends (as the case may be). ‘‘(B) RURAL AIRPORT.—For purposes of this paragraph, the term ‘rural airport’ means, with respect to any calendar year, any airport if— ‘‘(i) there were fewer than 100,000 commercial passengers departing by air during the second preceding calendar year from such airport, and ‘‘(ii) such airport— ‘‘(I) is not located within 75 miles of another airport which is not described in clause (i), or

149 ‘‘(II) is receiving essential air service subsidies as of the date of the enactment of this paragraph. ‘‘(C) NO PHASEIN OF REDUCED TICKET TAX.—In the case of transportation beginning before October 1, 1999— ‘‘(i) IN GENERAL.—Paragraph (5) shall not apply to any domestic segment beginning or ending at an airport which is a rural airport for the calendar year in which such segment begins or ends (as the case may be). ‘‘(ii) TRANSPORTATION INVOLVING MULTIPLE SEGMENTS.—In the case of transportation involving more than 1 domestic segment at least 1 of which does not begin or end at a rural airport, the 7.5 percent rate applicable by reason of clause (i) shall be applied by taking into account only an amount which bears the same ratio to the amount paid for such transportation as the number of specified miles in domestic segments which begin or end at a rural airport bears to the total number of specified miles in such transportation. ‘‘(2) AMOUNTS PAID OUTSIDE THE UNITED STATES.—In the case of amounts paid outside the United States for taxable transportation, the taxes imposed by subsections (a) and (b) shall apply only if such transportation begins and ends in the United States. ‘‘(3) AMOUNTS PAID FOR RIGHT TO AWARD FREE OR REDUCED RATE AIR TRANSPORTATION.— ‘‘(A) IN GENERAL.—Any amount paid (and the value of any other benefit provided) to an air carrier (or any related person) for the right to provide mileage awards for (or other reductions in the cost of) any transportation of persons by air shall be treated for purposes of subsection (a) as an amount paid for taxable transportation, and such amount shall be taxable under subsection (a) without regard to any other provision of this subchapter. ‘‘(B) CONTROLLED GROUP.—For purposes of subparagraph (A), a corporation and all wholly owned subsidiaries of such corporation shall be treated as 1 corporation. ‘‘(C) REGULATIONS.—The Secretary shall prescribe rules which reallocate items of income, deduction, credit, exclusion, or other allowance to the extent necessary to prevent the avoidance of tax imposed by reason of this paragraph. The Secretary may prescribe rules which exclude from the tax imposed by subsection (a) amounts attributable to mileage awards which are used other than for transportation of persons by air. ‘‘(4) INFLATION ADJUSTMENT OF DOLLAR RATES OF TAX.— ‘‘(A) IN GENERAL.—In the case of taxable events in a calendar year after the last nonindexed year, the $3.00 amount contained in subsection (b) and each dollar amount contained in subsection (c) shall be increased by an amount equal to— ‘‘(i) such dollar amount, multiplied by ‘‘(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by sub-

150 stituting the year before the last nonindexed year for ‘calendar year 1992’ in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of 10 cents, such increase shall be rounded to the nearest multiple of 10 cents. ‘‘(B) LAST NONINDEXED YEAR.—For purposes of subparagraph (A), the last nonindexed year is— ‘‘(i) 2002 in the case of the $3.00 amount contained in subsection (b), and ‘‘(ii) 1998 in the case of the dollar amounts contained in subsection (c). ‘‘(C) TAXABLE EVENT.—For purposes of subparagraph (A), in the case of the tax imposed subsection (b), the beginning of the domestic segment shall be treated as the taxable event. ‘‘(5) RATES OF TICKET TAX FOR TRANSPORTATION BEGINNING BEFORE OCTOBER 1, 1999.—Subsection (a) shall be applied by substituting for ‘7.5 percent’— ‘‘(A) ‘9 percent’ in the case of transportation beginning after September 30, 1997, and before October 1, 1998, and ‘‘(B) ‘8 percent’ in the case of transportation beginning after September 30, 1998, and before October 1, 1999.’’. (3) SECONDARY LIABILITY OF CARRIER FOR UNPAID TAX.— Subsection (c) of section 4263 is amended by striking ‘‘subchapter—’’ and all that follows and inserting ‘‘subchapter, such tax shall be paid by the carrier providing the initial segment of such transportation which begins or ends in the United States.’’. (d) INCREASED AIRPORT AND AIRWAY TRUST FUND DEPOSITS.— (1) Paragraph (1) of section 9502(b) is amended— (A) by striking ‘‘(to the extent that the rate of the tax on such gasoline exceeds 4.3 cents per gallon)’’ in subparagraph (C), (B) by striking ‘‘to the extent attributable to the Airport and Airway Trust Fund financing rate’’ in subparagraph (D), and (C) by adding at the end the following flush sentence: ‘‘There shall not be taken into account under paragraph (1) so much of the taxes imposed by sections 4081 and 4091 as are determined at the rates specified in section 4081(a)(2)(B) or 4091(b)(2).’’. (2) Section 9502 is amended by striking subsection (f). (e) EFFECTIVE DATES.— (1) FUEL TAXES.—The amendments made by subsection (a) shall apply take effect on October 1, 1997. (2) TICKET TAXES.— (A) IN GENERAL.—Except as otherwise provided in this paragraph, the amendments made by subsections (b) and (c) shall apply to transportation beginning on or after October 1, 1997. (B) TREATMENT OF AMOUNTS PAID FOR TICKETS PURCHASED BEFORE DATE OF ENACTMENT.—The amendments made by subsection (c) shall not apply to amounts paid for a ticket purchased before the date of the enactment of this

151 Act for a specified flight beginning on or after October 1, 1997. (C) AMOUNTS PAID FOR RIGHT TO AWARD MILEAGE AWARDS.— (i) IN GENERAL.—Paragraph (3) of section 4261(e) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)) shall apply to amounts paid (and other benefits provided) after September 30, 1997. (ii) PAYMENTS WITHIN CONTROLLED GROUP.—For purposes of clause (i), any amount paid after June 11, 1997, and before October 1, 1997, by 1 member of a controlled group for a right which is described in such section 4261(e)(3) and is furnished by another member of such group after September 30, 1997, shall be treated as paid after September 30, 1997. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52 of such Code shall be treated as members of a controlled group. (3) INCREASED DEPOSITS INTO AIRPORT AND AIRWAY TRUST FUND.—The amendments made by subsection (d) shall apply with respect to taxes received in the Treasury on and after October 1, 1997. (g) DELAYED DEPOSITS OF AIRPORT TRUST FUND TAX REVENUES.—Notwithstanding section 6302 of the Internal Revenue Code of 1986— (1) in the case of deposits of taxes imposed by section 4261 of such Code, the due date for any such deposit which would (but for this subsection) be required to be made after August 14, 1997, and before October 1, 1997, shall be October 10, 1997, (2) in the case of deposits of taxes imposed by section 4261 of such Code, the due date for any such deposit which would (but for this subsection) be required to be made after August 14, 1998, and before October 1, 1998, shall be October 5, 1998, and (3) in the case of deposits of taxes imposed by sections 4081(a)(2)(A)(ii), 4091, and 4271 of such Code, the due date for any such deposit which would (but for this subsection) be required to be made after July 31, 1998, and before October 1, 1998, shall be October 5, 1998.
SEC. 1032. KEROSENE TAXED AS DIESEL FUEL.

(a) IN GENERAL.—Subsection (a) of section 4083 (defining taxable fuel) is amended by striking ‘‘and’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(C) kerosene.’’. (b) RATE OF TAX.—Clause (iii) of section 4081(a)(2)(A) is amended by inserting ‘‘or kerosene’’ after ‘‘diesel fuel’’. (c) EXEMPTIONS FROM TAX; REFUNDS TO VENDORS.— (1) IN GENERAL.—Section 4082 (relating to exemptions for diesel fuel) is amended by striking ‘‘diesel fuel’’ each place it appears in subsections (a), (c), and (d) and inserting ‘‘diesel fuel and kerosene’’.

152 (2) CERTAIN KEROSENE EXEMPT FROM DYEING REQUIREMENT.—Section 4082 is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ‘‘(d) ADDITIONAL EXCEPTIONS TO DYEING REQUIREMENTS FOR KEROSENE.— ‘‘(1) AVIATION-GRADE KEROSENE.—Subsection (a)(2) shall not apply to a removal, entry, or sale of aviation-grade kerosene (as determined under regulations prescribed by the Secretary) if the person receiving the kerosene is registered under section 4101 with respect to the tax imposed by section 4091. ‘‘(2) USE FOR NON-FUEL FEEDSTOCK PURPOSES.—Subsection (a)(2) shall not apply to kerosene— ‘‘(A) received by pipeline or vessel for use by the person receiving the kerosene in the manufacture or production of any substance (other than gasoline, diesel fuel, or special fuels referred to in section 4041), or ‘‘(B) to the extent provided in regulations, removed or entered— ‘‘(i) for such a use by the person removing or entering the kerosene, or ‘‘(ii) for resale by such person for such a use by the purchaser, but only if the person receiving, removing, or entering the kerosene and such purchaser (if any) are registered under section 4101 with respect to the tax imposed by section 4081. ‘‘(3) WHOLESALE DISTRIBUTORS.—To the extent provided in regulations, subsection (a)(2) shall not apply to a removal, entry, or sale of kerosene to a wholesale distributor of kerosene if such distributor— ‘‘(A) is registered under section 4101 with respect to the tax imposed by section 4081 on kerosene, and ‘‘(B) sells kerosene exclusively to ultimate vendors described in section 6427(l)(5)(B) with respect to kerosene.’’ (3) REFUNDS.— (A) Subsection (l) of section 6427 is amended by inserting ‘‘or kerosene’’ after ‘‘diesel fuel’’ each place it appears in paragraphs (1), (2), and (5) (including the heading for paragraph (5)). (B) Paragraph (5) of section 6427(l) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ‘‘(B) SALES OF KEROSENE NOT FOR USE IN MOTOR FUEL.—Paragraph (1)(A) shall not apply to kerosene sold by a vendor— ‘‘(i) for any use if such sale is from a pump which (as determined under regulations prescribed by the Secretary) is not suitable for use in fueling any dieselpowered highway vehicle or train, or ‘‘(ii) to the extent provided by the Secretary, for blending with heating oil to be used during periods of extreme or unseasonable cold.’’.

153 (C) Subparagraph (C) of section 6427(l)(5), as redesignated by subparagraph (B) of this paragraph, is amended by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A) or (B)’’. (D) The heading for subsection (l) of section 6427 is amended by inserting ‘‘, KEROSENE,’’ after ‘‘DIESEL FUEL’’. (E) Clause (i) of section 6427(i)(5)(A) is amended by inserting ‘‘($100 or more in the case of kerosene)’’ after ‘‘$200 or more’’. (d) CERTAIN APPROVED TERMINALS OF REGISTERED PERSONS REQUIRED TO OFFER DYED DIESEL FUEL AND KEROSENE FOR NONTAXABLE PURPOSES.—Section 4101 is amended by adding at the end the following new subsection: ‘‘(e) CERTAIN APPROVED TERMINALS OF REGISTERED PERSONS REQUIRED TO OFFER DYED DIESEL FUEL AND KEROSENE FOR NONTAXABLE PURPOSES.— ‘‘(1) IN GENERAL.—A terminal for kerosene or diesel fuel may not be an approved facility for storage of non-tax-paid diesel fuel or kerosene under this section unless the operator of such terminal offers dyed diesel fuel and kerosene for removal for nontaxable use in accordance with section 4082(a). ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any terminal exclusively providing aviation-grade kerosene by pipeline to an airport.’’. (e) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 4041(a), as amended by title IX, is amended by striking ‘‘kerosene,’’. (2) Paragraph (1) of section 4041(c) is amended by striking ‘‘any liquid’’ and inserting ‘‘kerosene and any other liquid’’. (3)(A) The heading for section 4082 is amended by inserting ‘‘AND KEROSENE’’ after ‘‘DIESEL FUEL’’. (B) The table of sections for subpart A of part III of subchapter A of chapter 32 is amended by inserting ‘‘and kerosene’’ after ‘‘diesel fuel’’ in the item relating to section 4082. (4) Subsection (b) of section 4083 is amended by striking ‘‘gasoline, diesel fuel,’’ and inserting ‘‘taxable fuels’’. (5) Subsection (a) of section 4093 is amended by striking ‘‘any liquid’’ and inserting ‘‘kerosene and any other liquid’’. (6) The material following subparagraph (F) of section 6416(b)(2) is amended by inserting ‘‘or kerosene’’ after ‘‘diesel fuel’’. (7) Paragraphs (1) and (3) of section 6427(f), and the heading for section 6427(f), are each amended by inserting ‘‘kerosene,’’ after ‘‘diesel fuel,’’. (8) Paragraph (2) of section 6427(f) is amended by striking ‘‘or diesel fuel’’ each place it appears and inserting ‘‘, diesel fuel, or kerosene’’. (9) Subparagraph (A) of section 6427(i)(3) is amended by striking ‘‘or diesel fuel’’ and inserting ‘‘, diesel fuel, or kerosene’’. (10) The heading for paragraph (4) of section 6427(i) is amended to read as follows: ‘‘(4) SPECIAL RULE FOR REFUNDS UNDER SUBSECTION (l).—’’

154 (11) Paragraph (1) of section 6715(c) is amended by inserting ‘‘or kerosene’’ after ‘‘diesel fuel’’. (12)(A) The text of section 7232 is amended by striking ‘‘gasoline, lubricating oil, diesel fuel’’ and inserting ‘‘any taxable fuel (as defined in section 4083)’’. (B) The section heading for section 7232 is amended to read as follows:
‘‘SEC. 7232. FAILURE TO REGISTER UNDER SECTION 4101, FALSE REPRESENTATIONS OF REGISTRATION STATUS, ETC.’’.

(C) The table of sections for part II of subchapter A of chapter 75 is amended by striking the item relating to section 7232 and inserting the following:
‘‘Sec. 7232. Failure to register under section 4101, false representations of registration status, etc.’’.

(13) Sections 9503(b)(1)(E) and 9508(b)(2) are each amended by striking ‘‘and diesel fuel’’ and inserting ‘‘, diesel fuel, and kerosene’’. (14) Subparagraph (B) of section 9503(b)(5) is amended by striking ‘‘or diesel fuel’’ and inserting ‘‘, diesel fuel, or kerosene’’. (f) EFFECTIVE DATE.—The amendments made by this section shall take effect on July 1, 1998. (g) FLOOR STOCK TAXES.— (1) IMPOSITION OF TAX.—In the case of kerosene which is held on July 1, 1998, by any person, there is hereby imposed a floor stocks tax of 24.4 cents per gallon. (2) LIABILITY FOR TAX AND METHOD OF PAYMENT.— (A) LIABILITY FOR TAX.—A person holding kerosene on July 1, 1998, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) METHOD OF PAYMENT.—The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) TIME FOR PAYMENT.—The tax imposed by paragraph (1) shall be paid on or before August 31, 1998. (3) DEFINITIONS.—For purposes of this subsection— (A) HELD BY A PERSON.—Kerosene shall be considered as ‘‘held by a person’’ if title thereto has passed to such person (whether or not delivery to the person has been made). (B) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury or his delegate. (4) EXCEPTION FOR EXEMPT USES.—The tax imposed by paragraph (1) shall not apply to kerosene held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) EXCEPTION FOR FUEL HELD IN VEHICLE TANK.—No tax shall be imposed by paragraph (1) on kerosene held in the tank of a motor vehicle or motorboat. (6) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL.— (A) IN GENERAL.—No tax shall be imposed by paragraph (1) on kerosene held on July 1, 1998, by any person if the aggregate amount of kerosene held by such person on such date does not exceed 2,000 gallons. The preceding sen-

155 tence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) EXEMPT FUEL.—For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) CONTROLLED GROUPS.—For purposes of this paragraph— (i) CORPORATIONS.— (I) IN GENERAL.—All persons treated as a controlled group shall be treated as 1 person. (II) CONTROLLED GROUP.—The term ‘‘controlled group’’ has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ‘‘more than 50 percent’’ shall be substituted for the phrase ‘‘at least 80 percent’’ each place it appears in such subsection. (ii) NONINCORPORATED PERSONS UNDER COMMON CONTROL.—Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) COORDINATION WITH SECTION 4081.—No tax shall be imposed by paragraph (1) on kerosene to the extent that tax has been (or will be) imposed on such kerosene under section 4081 or 4091 of such Code. (8) OTHER LAWS APPLICABLE.—All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.
SEC. 1033. RESTORATION OF LEAKING UNDERGROUND STORAGE TANK TRUST FUND TAXES.

Paragraph (3) of section 4081(d) is amended by striking ‘‘shall not apply after December 31, 1995’’ and inserting ‘‘shall apply after September 30, 1997, and before April 1, 2005’’.
SEC. 1034. APPLICATION OF COMMUNICATIONS TAX TO PREPAID TELEPHONE CARDS.

(a) IN GENERAL.—Section 4251 is amended by adding at the end the following new subsection: ‘‘(d) TREATMENT OF PREPAID TELEPHONE CARDS.— ‘‘(1) IN GENERAL.—For purposes of this subchapter, in the case of communications services acquired by means of a prepaid telephone card— ‘‘(A) the face amount of such card shall be treated as the amount paid for such communications services, and

156 ‘‘(B) that amount shall be treated as paid when the card is transferred by any telecommunications carrier to any person who is not such a carrier. ‘‘(2) DETERMINATION OF FACE AMOUNT IN ABSENCE OF SPECIFIED DOLLAR AMOUNT.—In the case of any prepaid telephone card which entitles the user other than to a specified dollar amount of use, the face amount shall be determined under regulations prescribed by the Secretary. ‘‘(3) PREPAID TELEPHONE CARD.—For purposes of this subsection, the term ‘prepaid telephone card’ means any card or other similar arrangement which permits its holder to obtain communications services and pay for such services in advance.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts paid in calendar months beginning more than 60 days after the date of the enactment of this Act.
SEC. 1035. EXTENSION OF TEMPORARY UNEMPLOYMENT TAX.

Section 3301 (relating to rate of unemployment tax) is amended— (1) by striking ‘‘1998’’ in paragraph (1) and inserting ‘‘2007’’, and (2) by striking ‘‘1999’’ in paragraph (2) and inserting ‘‘2008’’.

Subtitle E—Provisions Relating to TaxExempt Entities
SEC. 1041. EXPANSION OF LOOK-THRU RULE FOR INTEREST, ANNUITIES, ROYALTIES, AND RENTS DERIVED BY SUBSIDIARIES OF TAX-EXEMPT ORGANIZATIONS.

(a) IN GENERAL.—Paragraph (13) of section 512(b) is amended to read as follows: ‘‘(13) SPECIAL RULES FOR CERTAIN AMOUNTS RECEIVED FROM CONTROLLED ENTITIES.— ‘‘(A) IN GENERAL.—If an organization (in this paragraph referred to as the ‘controlling organization’) receives (directly or indirectly) a specified payment from another entity which it controls (in this paragraph referred to as the ‘controlled entity’), notwithstanding paragraphs (1), (2), and (3), the controlling organization shall include such payment as an item of gross income derived from an unrelated trade or business to the extent such payment reduces the net unrelated income of the controlled entity (or increases any net unrelated loss of the controlled entity). There shall be allowed all deductions of the controlling organization directly connected with amounts treated as derived from an unrelated trade or business under the preceding sentence. ‘‘(B) NET UNRELATED INCOME OR LOSS.—For purposes of this paragraph— ‘‘(i) NET UNRELATED INCOME.—The term ‘net unrelated income’ means— ‘‘(I) in the case of a controlled entity which is not exempt from tax under section 501(a), the por-

157 tion of such entity’s taxable income which would be unrelated business taxable income if such entity were exempt from tax under section 501(a) and had the same exempt purposes (as defined in section 513A(a)(5)(A)) as the controlling organization, or ‘‘(II) in the case of a controlled entity which is exempt from tax under section 501(a), the amount of the unrelated business taxable income of the controlled entity. ‘‘(ii) NET UNRELATED LOSS.—The term ‘net unrelated loss’ means the net operating loss adjusted under rules similar to the rules of clause (i). ‘‘(C) SPECIFIED PAYMENT.—For purposes of this paragraph, the term ‘specified payment’ means any interest, annuity, royalty, or rent. ‘‘(D) DEFINITION OF CONTROL.—For purposes of this paragraph— ‘‘(i) CONTROL.—The term ‘control’ means— ‘‘(I) in the case of a corporation, ownership (by vote or value) of more than 50 percent of the stock in such corporation, ‘‘(II) in the case of a partnership, ownership of more than 50 percent of the profits interests or capital interests in such partnership, or ‘‘(III) in any other case, ownership of more than 50 percent of the beneficial interests in the entity. ‘‘(ii) CONSTRUCTIVE OWNERSHIP.—Section 318 (relating to constructive ownership of stock) shall apply for purposes of determining ownership of stock in a corporation. Similar principles shall apply for purposes of determining ownership of interests in any other entity. ‘‘(E) RELATED PERSONS.—The Secretary shall prescribe such rules as may be necessary or appropriate to prevent avoidance of the purposes of this paragraph through the use of related persons.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) BINDING CONTRACTS.—The amendments made by this section shall not apply to any payment made during the first 2 taxable years beginning on or after the date of the enactment of this Act if such payment is made pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before such payment.
SEC. 1042. TERMINATION OF CERTAIN EXCEPTIONS FROM RULES RELATING TO EXEMPT ORGANIZATIONS WHICH PROVIDE COMMERCIAL-TYPE INSURANCE.

(a) IN GENERAL.—Subparagraphs (A) and (B) of section 1012(c)(4) of the Tax Reform Act of 1986 shall not apply to any taxable year beginning after December 31, 1997.

158 (b) SPECIAL RULES.—In the case of an organization to which section 501(m) of the Internal Revenue Code of 1986 applies solely by reason of the amendment made by subsection (a)— (1) no adjustment shall be made under section 481 (or any other provision) of such Code on account of a change in its method of accounting for its first taxable year beginning after December 31, 1997, and (2) for purposes of determining gain or loss, the adjusted basis of any asset held on the 1st day of such taxable year shall be treated as equal to its fair market value as of such day. (c) RESERVE WEAKENING AFTER JUNE 8, 1997.—Any reserve weakening after June 8, 1997, by an organization described in subsection (b) shall be treated as occurring in such organization’s 1st taxable year beginning after December 31, 1997. (d) REGULATIONS.—The Secretary of the Treasury or his delegate may prescribe rules for providing proper adjustments for organizations described in subsection (b) with respect to short taxable years which begin during 1998 by reason of section 843 of the Internal Revenue Code of 1986.

Subtitle F—Foreign Provisions
SEC. 1051. DEFINITION OF FOREIGN PERSONAL HOLDING COMPANY INCOME.

(a) INCOME FROM NOTIONAL PRINCIPAL CONTRACTS AND PAYMENTS IN LIEU OF DIVIDENDS.— (1) IN GENERAL.—Paragraph (1) of section 954(c) (defining foreign personal holding company income) is amended by adding at the end the following new subparagraphs: ‘‘(F) INCOME FROM NOTIONAL PRINCIPAL CONTRACTS.— Net income from notional principal contracts. Any item of income, gain, deduction, or loss from a notional principal contract entered into for purposes of hedging any item described in any preceding subparagraph shall not be taken into account for purposes of this subparagraph but shall be taken into account under such other subparagraph. ‘‘(G) PAYMENTS IN LIEU OF DIVIDENDS.—Payments in lieu of dividends which are made pursuant to an agreement to which section 1058 applies.’’. (2) CONFORMING AMENDMENT.—Subparagraph (B) of section 954(c)(1) is amended— (A) by striking the second sentence, and (B) by striking ‘‘also’’ in the last sentence. (b) EXCEPTION FOR DEALERS.—Paragraph (2) of section 954(c) is amended by adding at the end the following new subparagraph: ‘‘(C) EXCEPTION FOR DEALERS.—Except as provided in subparagraph (A), (E), or (G) of paragraph (1) or by regulations, in the case of a regular dealer in property (within the meaning of paragraph (1)(B)), forward contracts, option contracts, or similar financial instruments (including notional principal contracts and all instruments referenced to commodities), there shall not be taken into account in computing foreign personal holding income any item of income, gain, deduction, or loss from any transaction (including

159 hedging transactions) entered into in the ordinary course of such dealer’s trade or business as such a dealer.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1052. PERSONAL PROPERTY USED PREDOMINANTLY IN THE UNITED STATES TREATED AS NOT PROPERTY OF A LIKE KIND WITH RESPECT TO PROPERTY USED PREDOMINANTLY OUTSIDE THE UNITED STATES.

(a) IN GENERAL.—Subsection (h) of section 1031 (relating to exchange of property held for productive use or investment) is amended to read as follows: ‘‘(h) SPECIAL RULES FOR FOREIGN REAL AND PERSONAL PROPERTY.—For purposes of this section— ‘‘(1) REAL PROPERTY.—Real property located in the United States and real property located outside the United States are not property of a like kind. ‘‘(2) PERSONAL PROPERTY.— ‘‘(A) IN GENERAL.—Personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. ‘‘(B) PREDOMINANT USE.—Except as provided in subparagraph (C) and (D), the predominant use of any property shall be determined based on— ‘‘(i) in the case of the property relinquished in the exchange, the 2-year period ending on the date of such relinquishment, and ‘‘(ii) in the case of the property acquired in the exchange, the 2-year period beginning on the date of such acquisition. ‘‘(C) PROPERTY HELD FOR LESS THAN 2 YEARS.—Except in the case of an exchange which is part of a transaction (or series of transactions) structured to avoid the purposes of this subsection— ‘‘(i) only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and ‘‘(ii) only the periods the property was held by the person acquiring the property (or any related person) shall be taken into account under subparagraph (B)(ii). ‘‘(D) SPECIAL RULE FOR CERTAIN PROPERTY.—Property described in any subparagraph of section 168(g)(4) shall be treated as used predominantly in the United States.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by this section shall apply to transfers after June 8, 1997, in taxable years ending after such date. (2) BINDING CONTRACTS.—The amendment made by this section shall not apply to any transfer pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before the disposition of property. A contract shall not

160 fail to meet the requirements of the preceding sentence solely because— (A) it provides for a sale in lieu of an exchange, or (B) the property to be acquired as replacement property was not identified under such contract before June 9, 1997.
SEC. 1053. HOLDING PERIOD REQUIREMENT FOR CERTAIN FOREIGN TAXES.

(a) IN GENERAL.—Section 901 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ‘‘(k) MINIMUM HOLDING PERIOD FOR CERTAIN TAXES.— ‘‘(1) WITHHOLDING TAXES.— ‘‘(A) IN GENERAL.—In no event shall a credit be allowed under subsection (a) for any withholding tax on a dividend with respect to stock in a corporation if— ‘‘(i) such stock is held by the recipient of the dividend for 15 days or less during the 30-day period beginning on the date which is 15 days before the date on which such share becomes ex-dividend with respect to such dividend, or ‘‘(ii) to the extent that the recipient of the dividend is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property. ‘‘(B) WITHHOLDING TAX.—For purposes of this paragraph, the term ‘withholding tax’ includes any tax determined on a gross basis; but does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis. ‘‘(2) DEEMED PAID TAXES.—In the case of income, war profits, or excess profits taxes deemed paid under section 853, 902, or 960 through a chain of ownership of stock in 1 or more corporations, no credit shall be allowed under subsection (a) for such taxes if— ‘‘(A) any stock of any corporation in such chain (the ownership of which is required to obtain credit under subsection (a) for such taxes) is held for less than the period described in paragraph (1)(A)(i), or ‘‘(B) the corporation holding the stock is under an obligation referred to in paragraph (1)(A)(ii). ‘‘(3) 45-DAY RULE IN THE CASE OF CERTAIN PREFERENCE DIVIDENDS.—In the case of stock having preference in dividends and dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days, paragraph (1)(A)(i) shall be applied— ‘‘(A) by substituting ‘45 days’ for ‘15 days’ each place it appears, and ‘‘(B) by substituting ‘90-day period’ for ‘30-day period’. ‘‘(4) EXCEPTION FOR CERTAIN TAXES PAID BY SECURITIES DEALERS.— ‘‘(A) IN GENERAL.—Paragraphs (1) and (2) shall not apply to any qualified tax with respect to any security held

161 in the active conduct in a foreign country of a securities business of any person— ‘‘(i) who is registered as a securities broker or dealer under section 15(a) of the Securities Exchange Act of 1934, ‘‘(ii) who is registered as a Government securities broker or dealer under section 15C(a) of such Act, or ‘‘(iii) who is licensed or authorized in such foreign country to conduct securities activities in such country and is subject to bona fide regulation by a securities regulating authority of such country. ‘‘(B) QUALIFIED TAX.—For purposes of subparagraph (A), the term ‘qualified tax’ means a tax paid to a foreign country (other than the foreign country referred to in subparagraph (A)) if— ‘‘(i) the dividend to which such tax is attributable is subject to taxation on a net basis by the country referred to in subparagraph (A), and ‘‘(ii) such country allows a credit against its net basis tax for the full amount of the tax paid to such other foreign country. ‘‘(C) REGULATIONS.—The Secretary may prescribe such regulations as may be appropriate to carry out this paragraph, including regulations to prevent the abuse of the exception provided by this paragraph and to treat other taxes as qualified taxes. ‘‘(5) CERTAIN RULES TO APPLY.—For purposes of this subsection, the rules of paragraphs (3) and (4) of section 246(c) shall apply. ‘‘(6) TREATMENT OF BONA FIDE SALES.—If a person’s holding period is reduced by reason of the application of the rules of section 246(c)(4) to any contract for the bona fide sale of stock, the determination of whether such person’s holding period meets the requirements of paragraph (2) with respect to taxes deemed paid under section 902 or 960 shall be made as of the date such contract is entered into. ‘‘(7) TAXES ALLOWED AS DEDUCTION, ETC.—Sections 275 and 78 shall not apply to any tax which is not allowable as a credit under subsection (a) by reason of this subsection.’’. (b) NOTICE OF WITHHOLDING TAXES PAID BY REGULATED INVESTMENT COMPANY.—Subsection (c) of section 853 (relating to foreign tax credit allowed to shareholders) is amended by adding at the end the following new sentence: ‘‘Such notice shall also include the amount of such taxes which (without regard to the election under this section) would not be allowable as a credit under section 901(a) to the regulated investment company by reason of section 901(k).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to dividends paid or accrued more than 30 days after the date of the enactment of this Act.

162
SEC. 1054. DENIAL OF TREATY BENEFITS FOR CERTAIN PAYMENTS THROUGH HYBRID ENTITIES.

(a) IN GENERAL.—Section 894 (relating to income affected by treaty) is amended by inserting after subsection (b) the following new subsection: ‘‘(c) DENIAL OF TREATY BENEFITS FOR CERTAIN PAYMENTS THROUGH HYBRID ENTITIES.— ‘‘(1) APPLICATION TO CERTAIN PAYMENTS.—A foreign person shall not be entitled under any income tax treaty of the United States with a foreign country to any reduced rate of any withholding tax imposed by this title on an item of income derived through an entity which is treated as a partnership (or is otherwise treated as fiscally transparent) for purposes of this title if— ‘‘(A) such item is not treated for purposes of the taxation laws of such foreign country as an item of income of such person, ‘‘(B) the treaty does not contain a provision addressing the applicability of the treaty in the case of an item of income derived through a partnership, and ‘‘(C) the foreign country does not impose tax on a distribution of such item of income from such entity to such person. ‘‘(2) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary or appropriate to determine the extent to which a taxpayer to which paragraph (1) does not apply shall not be entitled to benefits under any income tax treaty of the United States with respect to any payment received by, or income attributable to any activities of, an entity organized in any jurisdiction (including the United States) that is treated as a partnership or is otherwise treated as fiscally transparent for purposes of this title (including a common investment trust under section 584, a grantor trust, or an entity that is disregarded for purposes of this title) and is treated as fiscally nontransparent for purposes of the tax laws of the jurisdiction of residence of the taxpayer.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply upon the date of enactment of this Act.
SEC. 1055. INTEREST ON UNDERPAYMENTS NOT REDUCED BY FOREIGN TAX CREDIT CARRYBACKS.

(a) IN GENERAL.—Subsection (d) of section 6601 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ‘‘(2) FOREIGN TAX CREDIT CARRYBACKS.—If any credit allowed for any taxable year is increased by reason of a carryback of tax paid or accrued to foreign countries or possessions of the United States, such increase shall not affect the computation of interest under this section for the period ending with the filing date for the taxable year in which such taxes were in fact paid or accrued, or, with respect to any portion of such credit carryback from a taxable year attributable to a net operating loss carryback or a capital loss carryback from a subsequent taxable year, such increase shall not affect the computation of

163 interest under this section for the period ending with the filing date for such subsequent taxable year.’’. (b) CONFORMING AMENDMENT TO REFUNDS ATTRIBUTABLE TO FOREIGN TAX CREDIT CARRYBACKS.— (1) IN GENERAL.—Subsection (f) of section 6611 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ‘‘(2) FOREIGN TAX CREDIT CARRYBACKS.—For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been made before the filing date for the taxable year in which such taxes were in fact paid or accrued, or, with respect to any portion of such credit carryback from a taxable year attributable to a net operating loss carryback or a capital loss carryback from a subsequent taxable year, such overpayment shall be deemed not to have been made before the filing date for such subsequent taxable year.’’. (2) CONFORMING AMENDMENTS.— (A) Paragraph (4) of section 6611(f) (as so redesignated) is amended— (i) by striking ‘‘PARAGRAPHS (1) AND (2)’’ and inserting ‘‘PARAGRAPHS (1), (2), AND (3)’’, and (ii) by striking ‘‘paragraph (1) or (2)’’ each place it appears and inserting ‘‘paragraph (1), (2), or (3)’’. (B) Clause (ii) of section 6611(f)(4)(B) (as so redesignated) is amended by striking ‘‘and’’ at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) the following new subclause: ‘‘(II) in the case of a carryback of taxes paid or accrued to foreign countries or possessions of the United States, the taxable year in which such taxes were in fact paid or accrued (or, with respect to any portion of such carryback from a taxable year attributable to a net operating loss carryback or a capital loss carryback from a subsequent taxable year, such subsequent taxable year), and’’. (C) Subclause (III) of section 6611(f)(4)(B)(ii) (as so redesignated) is amended by inserting ‘‘(as defined in paragraph (3)(B))’’ after ‘‘credit carryback’’ the first place it appears. (D) Section 6611 is amended by striking subsection (g) and by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to foreign tax credit carrybacks arising in taxable years beginning after the date of the enactment of this Act.
SEC. 1056. CLARIFICATION OF PERIOD OF LIMITATIONS ON CLAIM FOR CREDIT OR REFUND ATTRIBUTABLE TO FOREIGN TAX CREDIT CARRYFORWARD.

(a) IN GENERAL.—Subparagraph (A) of section 6511(d)(3) is amended by striking ‘‘for the year with respect to which the claim

164 is made’’ and inserting ‘‘for the year in which such taxes were actually paid or accrued’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act.
SEC. 1057. REPEAL OF EXCEPTION TO ALTERNATIVE MINIMUM FOREIGN TAX CREDIT LIMIT.

(a) IN GENERAL.—Section 59(a)(2) (relating to limitation to 90 percent of tax) is amended by striking subparagraph (C). (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Subtitle G—Partnership Provisions
SEC. 1061. ALLOCATION OF BASIS AMONG PROPERTIES DISTRIBUTED BY PARTNERSHIP.

(a) IN GENERAL.—Subsection (c) of section 732 is amended to read as follows: ‘‘(c) ALLOCATION OF BASIS.— ‘‘(1) IN GENERAL.—The basis of distributed properties to which subsection (a)(2) or (b) is applicable shall be allocated— ‘‘(A)(i) first to any unrealized receivables (as defined in section 751(c)) and inventory items (as defined in section 751(d)(2)) in an amount equal to the adjusted basis of each such property to the partnership, and ‘‘(ii) if the basis to be allocated is less than the sum of the adjusted bases of such properties to the partnership, then, to the extent any decrease is required in order to have the adjusted bases of such properties equal the basis to be allocated, in the manner provided in paragraph (3), and ‘‘(B) to the extent of any basis remaining after the allocation under subparagraph (A), to other distributed properties— ‘‘(i) first by assigning to each such other property such other property’s adjusted basis to the partnership, and ‘‘(ii) then, to the extent any increase or decrease in basis is required in order to have the adjusted bases of such other distributed properties equal such remaining basis, in the manner provided in paragraph (2) or (3), whichever is appropriate. ‘‘(2) METHOD OF ALLOCATING INCREASE.—Any increase required under paragraph (1)(B) shall be allocated among the properties— ‘‘(A) first to properties with unrealized appreciation in proportion to their respective amounts of unrealized appreciation before such increase (but only to the extent of each property’s unrealized appreciation), and ‘‘(B) then, to the extent such increase is not allocated under subparagraph (A), in proportion to their respective fair market values.

165 ‘‘(3) METHOD OF ALLOCATING DECREASE.—Any decrease required under paragraph (1)(A) or (1)(B) shall be allocated— ‘‘(A) first to properties with unrealized depreciation in proportion to their respective amounts of unrealized depreciation before such decrease (but only to the extent of each property’s unrealized depreciation), and ‘‘(B) then, to the extent such decrease is not allocated under subparagraph (A), in proportion to their respective adjusted bases (as adjusted under subparagraph (A)).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to distributions after the date of the enactment of this Act.
SEC. 1062. REPEAL OF REQUIREMENT THAT INVENTORY BE SUBSTANTIALLY APPRECIATED WITH RESPECT TO SALE OR EXCHANGE OF PARTNERSHIP INTEREST.

(a) IN GENERAL.—Paragraph (2) of section 751(a) is amended to read as follows: ‘‘(2) inventory items of the partnership,’’. (b) CONFORMING AMENDMENTS.— (1)(A) Paragraph (1) of section 751(b) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: ‘‘(A) partnership property which is— ‘‘(i) unrealized receivables, or ‘‘(ii) inventory items which have appreciated substantially in value, in exchange for all or a part of his interest in other partnership property (including money), or ‘‘(B) partnership property (including money) other than property described in subparagraph (A)(i) or (ii) in exchange for all or a part of his interest in partnership property described in subparagraph (A)(i) or (ii),’’. (B) Subsection (b) of section 751 is amended by adding at the end the following new paragraph: ‘‘(3) SUBSTANTIAL APPRECIATION.—For purposes of paragraph (1)— ‘‘(A) IN GENERAL.—Inventory items of the partnership shall be considered to have appreciated substantially in value if their fair market value exceeds 120 percent of the adjusted basis to the partnership of such property. ‘‘(B) CERTAIN PROPERTY EXCLUDED.—For purposes of subparagraph (A), there shall be excluded any inventory property if a principal purpose for acquiring such property was to avoid the provisions of this subsection relating to inventory items.’’ (2) Subsection (d) of section 751 is amended to read as follows: ‘‘(d) INVENTORY ITEMS.—For purposes of this subchapter, the term ‘inventory items’ means— ‘‘(1) property of the partnership of the kind described in section 1221(1), ‘‘(2) any other property of the partnership which, on sale or exchange by the partnership, would be considered property

166 other than a capital asset and other than property described in section 1231, ‘‘(3) any other property of the partnership which, if sold or exchanged by the partnership, would result in a gain taxable under subsection (a) of section 1246 (relating to gain on foreign investment company stock), and ‘‘(4) any other property held by the partnership which, if held by the selling or distributee partner, would be considered property of the type described in paragraph (1), (2), or (3).’’. (3) Sections 724(d)(2), 731(a)(2)(B), 731(c)(6), 732(c)(1)(A) (as amended by the preceding section), 735(a)(2), and 735(c)(1) are each amended by striking ‘‘section 751(d)(2)’’ and inserting ‘‘section 751(d)’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to sales, exchanges, and distributions after the date of the enactment of this Act. (2) BINDING CONTRACTS.—The amendments made by this section shall not apply to any sale or exchange pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before such sale or exchange.
SEC. 1063. EXTENSION OF TIME FOR TAXING PRECONTRIBUTION GAIN.

(a) IN GENERAL.—Sections 704(c)(1)(B) and 737(b)(1) are each amended by striking ‘‘5 years’’ and inserting ‘‘7 years’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) shall apply to property contributed to a partnership after June 8, 1997. (2) BINDING CONTRACTS.—The amendment made by subsection (a) shall not apply to any property contributed pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before such contribution if such contract provides for the contribution of a fixed amount of property.

Subtitle H—Pension Provisions
SEC. 1071. PENSION ACCRUED BENEFIT DISTRIBUTABLE WITHOUT CONSENT INCREASED TO $5,000.

(a) AMENDMENT TO 1986 CODE.— (1) IN GENERAL.—Subparagraph (A) of section 411(a)(11) (relating to restrictions on certain mandatory distributions) is amended by striking ‘‘$3,500’’ and inserting ‘‘$5,000’’. (2) CONFORMING AMENDMENTS.— (A) Section 411(a)(7)(B), paragraphs (1) and (2) of section 417(e), and section 457(e)(9) are each amended by striking ‘‘$3,500’’ each place it appears (other than the headings) and inserting ‘‘the dollar limit under section 411(a)(11)(A)’’. (B) The headings for paragraphs (1) and (2) of section 417(e) and subparagraph (A) of section 457(e)(9) are each amended by striking ‘‘$3,500’’ and inserting ‘‘DOLLAR LIMIT’’. (b) AMENDMENTS TO ERISA.—

167 (1) IN GENERAL.—Section 203(e)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(e)(1)) is amended by striking ‘‘$3,500’’ and inserting ‘‘$5,000’’. (2) CONFORMING AMENDMENTS.—Sections 204(d)(1) and 205(g) (1) and (2) (29 U.S.C. 1054(d)(1) and 1055(g) (1) and (2)) are each amended by striking ‘‘$3,500’’ and inserting ‘‘the dollar limit under section 203(e)(1)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act.
SEC. 1072. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN LIEU OF NONTAXABLE PARKING BENEFITS.

(a) IN GENERAL.—Section 132(f)(4) (relating to benefits not in lieu of compensation) is amended by adding at the end the following new sentence: ‘‘This paragraph shall not apply to any qualified parking provided in lieu of compensation which otherwise would have been includible in gross income of the employee, and no amount shall be included in the gross income of the employee solely because the employee may choose between the qualified parking and compensation.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1073. REPEAL OF EXCESS DISTRIBUTION AND EXCESS RETIREMENT ACCUMULATION TAX.

(a) REPEAL OF EXCESS DISTRIBUTION AND EXCESS RETIREMENT ACCUMULATION TAX.—Section 4980A (relating to excess distributions from qualified retirement plans) is repealed. (b) CONFORMING AMENDMENTS.— (1) Section 691(c)(1) is amended by striking subparagraph (C). (2) Section 2013 is amended by striking subsection (g). (3) Section 2053(c)(1)(B) is amended by striking the last sentence. (4) Section 6018(a) is amended by striking paragraph (4). (c) EFFECTIVE DATES.— (1) EXCESS DISTRIBUTION TAX REPEAL.—Except as provided in paragraph (2), the repeal made by subsection (a) shall apply to excess distributions received after December 31, 1996. (2) EXCESS RETIREMENT ACCUMULATION TAX REPEAL.—The repeal made by subsection (a) with respect to section 4980A(d) of the Internal Revenue Code of 1986 and the amendments made by subsection (b) shall apply to estates of decedents dying after December 31, 1996.
SEC. 1074. INCREASE IN TAX ON PROHIBITED TRANSACTIONS.

(a) IN GENERAL.—Section 4975(a) is amended by striking ‘‘10 percent’’ and inserting ‘‘15 percent’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prohibited transactions occurring after the date of the enactment of this Act.
SEC. 1075. BASIS RECOVERY RULES FOR ANNUITIES OVER MORE THAN ONE LIFE.

(a) IN GENERAL.—Section 72(d)(1)(B) is amended by adding at the end the following new clause:

168 ‘‘(iv) NUMBER OF ANTICIPATED PAYMENTS WHERE MORE THAN ONE LIFE.—If the annuity is payable over the lives of more than 1 individual, the number of anticipated payments shall be determined as follows:
‘‘If the combined ages of annuitants are: The number is: Not more than 110 ............................................................................ 410 More than 110 but not more than 120 ............................................ 360 More than 120 but not more than 130 ............................................ 310 More than 130 but not more than 140 ............................................ 260 More than 140 ................................................................................... 210.’’.

(b) CONFORMING AMENDMENT.—Section 72(d)(1)(B)(iii) is amended— (1) by inserting ‘‘If the annuity is payable over the life of a single individual, the number of anticipated payments shall be determined as follows:’’ after the heading and before the table, and (2) by striking ‘‘primary’’ in the table. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to annuity starting dates beginning after December 31, 1997.

Subtitle I—Other Revenue Provisions
SEC. 1081. TERMINATION OF SUSPENSE ACCOUNTS FOR FAMILY CORPORATIONS REQUIRED TO USE ACCRUAL METHOD OF ACCOUNTING.

(a) IN GENERAL.—Subsection (i) of section 447 (relating to method of accounting for corporations engaged in farming) is amended by striking paragraphs (3) and (4), by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively, and by adding at the end the following new paragraph: ‘‘(5) TERMINATION.— ‘‘(A) IN GENERAL.—No suspense account may be established under this subsection by any corporation required by this section to change its method of accounting for any taxable year ending after June 8, 1997. ‘‘(B) PHASEOUT OF EXISTING SUSPENSE ACCOUNTS.— ‘‘(i) IN GENERAL.—Each suspense account under this subsection shall be reduced (but not below zero) for each taxable year beginning after June 8, 1997, by an amount equal to the lesser of— ‘‘(I) the applicable portion of such account, or ‘‘(II) 50 percent of the taxable income of the corporation for the taxable year, or, if the corporation has no taxable income for such year, the amount of any net operating loss (as defined in section 172(c)) for such taxable year. For purposes of the preceding sentence, the amount of taxable income and net operating loss shall be determined without regard to this paragraph. ‘‘(ii) COORDINATION WITH OTHER REDUCTIONS.— The amount of the applicable portion for any taxable year shall be reduced (but not below zero) by the

169 amount of any reduction required for such taxable year under any other provision of this subsection. ‘‘(iv) INCLUSION IN INCOME.—Any reduction in a suspense account under this paragraph shall be included in gross income for the taxable year of the reduction. ‘‘(C) APPLICABLE PORTION.—For purposes of subparagraph (B), the term ‘applicable portion’ means, for any taxable year, the amount which would ratably reduce the amount in the account (after taking into account prior reductions) to zero over the period consisting of such taxable year and the remaining taxable years in such first 20 taxable years. ‘‘(D) AMOUNTS AFTER 20TH YEAR.—Any amount in the account as of the close of the 20th year referred to in subparagraph (C) shall be treated as the applicable portion for each succeeding year thereafter to the extent not reduced under this paragraph for any prior taxable year after such 20th year.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after June 8, 1997.
SEC. 1082. MODIFICATION OF TAXABLE YEARS TO WHICH NET OPERATING LOSSES MAY BE CARRIED.

(a) IN GENERAL.—Subparagraph (A) of section 172(b)(1) (relating to years to which loss may be carried) is amended— (1) by striking ‘‘3’’ in clause (i) and inserting ‘‘2’’, and (2) by striking ‘‘15’’ in clause (ii) and inserting ‘‘20’’. (b) RETENTION OF 3-YEAR CARRYBACK FOR CERTAIN LOSSES.— Paragraph (1) of section 172(b) is amended by adding at the end the following new subparagraph: ‘‘(F) RETENTION OF 3-YEAR CARRYBACK IN CERTAIN CASES.— ‘‘(i) IN GENERAL.—Subparagraph (A)(i) shall be applied by substituting ‘3 years’ for ‘2 years’ with respect to the portion of the net operating loss for the taxable year which is an eligible loss with respect to the taxpayer. ‘‘(ii) ELIGIBLE LOSS.—For purposes of clause (i), the term ‘eligible loss’ means— ‘‘(I) in the case of an individual, losses of property arising from fire, storm, shipwreck, or other casualty, or from theft, ‘‘(II) in the case of a taxpayer which is a small business, net operating losses attributable to Presidentially declared disasters (as defined in section 1033(h)(3)), and ‘‘(III) in the case of a taxpayer engaged in the trade or business of farming (as defined in section 263A(e)(4)), net operating losses attributable to such Presidentially declared disasters. ‘‘(iii) SMALL BUSINESS.—For purposes of this subparagraph, the term ‘small business’ means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year in which the loss

170 arose (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to net operating losses for taxable years beginning after the date of the enactment of this Act.
SEC. 1083. MODIFICATIONS TO TAXABLE YEARS TO WHICH UNUSED CREDITS MAY BE CARRIED.

(a) IN GENERAL.—Section 39(a) (relating to unused credits) is amended— (1) in paragraph (1), by striking ‘‘3’’ each place it appears and inserting ‘‘1’’ and by striking ‘‘15’’ each place it appears and inserting ‘‘20’’; and (2) in paragraph (2), by striking ‘‘18’’ each place it appears and inserting ‘‘22’’ and by striking ‘‘17’’ each place it appears and inserting ‘‘21’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to credits arising in taxable years beginning after December 31, 1997.
SEC. 1084. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN AMOUNTS PAID IN CONNECTION WITH INSURANCE.

(a) DENIAL OF DEDUCTION FOR PREMIUMS.— (1) IN GENERAL.—Paragraph (1) of section 264(a) is amended to read as follows: ‘‘(1) Premiums on any life insurance policy, or endowment or annuity contract, if the taxpayer is directly or indirectly a beneficiary under the policy or contract.’’. (2) EXCEPTIONS.—Section 264 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following new subsection: ‘‘(b) EXCEPTIONS TO SUBSECTION (a)(1).—Subsection (a)(1) shall not apply to— ‘‘(1) any annuity contract described in section 72(s)(5), and ‘‘(2) any annuity contract to which section 72(u) applies.’’. (b) INTEREST ON POLICY LOANS.— (1) IN GENERAL.—Paragraph (4) of section 264(a) is amended by striking ‘‘individual, who’’ and all that follows and inserting ‘‘individual.’’. (2) COORDINATION WITH TRANSFERS FOR VALUE.—Paragraph (2) of section 101(a) is amended by adding at the end the following new flush sentence: ‘‘The term ‘other amounts’ in the first sentence of this paragraph includes interest paid or accrued by the transferee on indebtedness with respect to such contract or any interest therein if such interest paid or accrued is not allowable as a deduction by reason of section 264(a)(4).’’. (c) PRO RATA ALLOCATION OF INTEREST EXPENSE TO POLICY CASH VALUES.—Section 264 is amended by adding at the end the following new subsection: ‘‘(f) PRO RATA ALLOCATION OF INTEREST EXPENSE TO POLICY CASH VALUES.—

171 ‘‘(1) IN GENERAL.—No deduction shall be allowed for that portion of the taxpayer’s interest expense which is allocable to unborrowed policy cash values. ‘‘(2) ALLOCATION.—For purposes of paragraph (1), the portion of the taxpayer’s interest expense which is allocable to unborrowed policy cash values is an amount which bears the same ratio to such interest expense as— ‘‘(A) the taxpayer’s average unborrowed policy cash values of life insurance policies, and annuity and endowment contracts, issued after June 8, 1997, bears to ‘‘(B) the sum of— ‘‘(i) in the case of assets of the taxpayer which are life insurance policies or annuity or endowment contracts, the average unborrowed policy cash values of such policies and contracts, and ‘‘(ii) in the case of assets of the taxpayer not described in clause (i), the average adjusted bases (within the meaning of section 1016) of such assets. ‘‘(3) UNBORROWED POLICY CASH VALUE.—For purposes of this subsection, the term ‘unborrowed policy cash value’ means, with respect to any life insurance policy or annuity or endowment contract, the excess of— ‘‘(A) the cash surrender value of such policy or contract determined without regard to any surrender charge, over ‘‘(B) the amount of any loan with respect to such policy or contract. ‘‘(4) EXCEPTION FOR CERTAIN POLICIES AND CONTRACTS.— ‘‘(A) POLICIES AND CONTRACTS COVERING 20-PERCENT OWNERS, OFFICERS, DIRECTORS, AND EMPLOYEES.—Paragraph (1) shall not apply to any policy or contract owned by an entity engaged in a trade or business if such policy or contract covers only 1 individual and if such individual is (at the time first covered by the policy or contract)— ‘‘(i) a 20-percent owner of such entity, or ‘‘(ii) an individual (not described in clause (i)) who is an officer, director, or employee of such trade or business. A policy or contract covering a 20-percent owner of such entity shall not be treated as failing to meet the requirements of the preceding sentence by reason of covering the joint lives of such owner and such owner’s spouse. ‘‘(B) CONTRACTS SUBJECT TO CURRENT INCOME INCLUSION.—Paragraph (1) shall not apply to any annuity contract to which section 72(u) applies. ‘‘(C) COORDINATION WITH PARAGRAPH (2).—Any policy or contract to which paragraph (1) does not apply by reason of this paragraph shall not be taken into account under paragraph (2). ‘‘(D) 20-PERCENT OWNER.—For purposes of subparagraph (A), the term ‘20-percent owner’ has the meaning given such term by subsection (e)(4). ‘‘(5) EXCEPTION FOR POLICIES AND CONTRACTS HELD BY NATURAL PERSONS; TREATMENT OF PARTNERSHIPS AND S CORPORATIONS.—

172 ‘‘(A) POLICIES
SONS.— AND CONTRACTS HELD BY NATURAL PER-

‘‘(i) IN GENERAL.—This subsection shall not apply to any policy or contract held by a natural person. ‘‘(ii) EXCEPTION WHERE BUSINESS IS BENEFICIARY.—If a trade or business is directly or indirectly the beneficiary under any policy or contract, such policy or contract shall be treated as held by such trade or business and not by a natural person. ‘‘(iii) SPECIAL RULES.— ‘‘(I) CERTAIN TRADES OR BUSINESSES NOT TAKEN INTO ACCOUNT.—Clause (ii) shall not apply to any trade or business carried on as a sole proprietorship and to any trade or business performing services as an employee. ‘‘(II) LIMITATION ON UNBORROWED CASH VALUE.—The amount of the unborrowed cash value of any policy or contract which is taken into account by reason of clause (ii) shall not exceed the benefit to which the trade or business is directly or indirectly entitled under the policy or contract. ‘‘(iv) REPORTING.—The Secretary shall require such reporting from policyholders and issuers as is necessary to carry out clause (ii). Any report required under the preceding sentence shall be treated as a statement referred to in section 6724(d)(1). ‘‘(B) TREATMENT OF PARTNERSHIPS AND S CORPORATIONS.—In the case of a partnership or S corporation, this subsection shall be applied at the partnership and corporate levels. ‘‘(6) SPECIAL RULES.— ‘‘(A) COORDINATION WITH SUBSECTION (a) AND SECTION 265.—If interest on any indebtedness is disallowed under subsection (a) or section 265— ‘‘(i) such disallowed interest shall not be taken into account for purposes of applying this subsection, and ‘‘(ii) the amount otherwise taken into account under paragraph (2)(B) shall be reduced (but not below zero) by the amount of such indebtedness. ‘‘(B) COORDINATION WITH SECTION 263A.—This subsection shall be applied before the application of section 263A (relating to capitalization of certain expenses where taxpayer produces property). ‘‘(7) INTEREST EXPENSE.—The term ‘interest expense’ means the aggregate amount allowable to the taxpayer as a deduction for interest (within the meaning of section 265(b)(4)) for the taxable year (determined without regard to this subsection, section 265(b), and section 291). ‘‘(8) AGGREGATION RULES.— ‘‘(A) IN GENERAL.—All members of a controlled group (within the meaning of subsection (d)(5)(B)) shall be treated as 1 taxpayer for purposes of this subsection. ‘‘(B) TREATMENT OF INSURANCE COMPANIES.—This subsection shall not apply to an insurance company subject to

173 tax under subchapter L, and subparagraph (A) shall be applied without regard to any member of an affiliated group which is an insurance company.’’. (b) TREATMENT OF INSURANCE COMPANIES.— (1)(A) Clause (ii) of section 805(a)(4)(C) is amended by inserting ‘‘, or out of the increase for the taxable year in policy cash values (within the meaning of subparagraph (F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies,’’ after ‘‘tax-exempt interest’’. (B) Clause (iii) of section 805(a)(4)(D) is amended by striking ‘‘and’’ and inserting ‘‘, the increase for the taxable year in policy cash values (within the meaning of subparagraph (F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies, and’’. (C) Paragraph (4) of section 805(a) is amended by adding at the end the following new subparagraph: ‘‘(F) INCREASE IN POLICY CASH VALUES.—For purposes of subparagraphs (C) and (D)— ‘‘(i) IN GENERAL.—The increase in the policy cash value for any taxable year with respect to policy or contract is the amount of the increase in the adjusted cash value during such taxable year determined without regard to— ‘‘(I) gross premiums paid during such taxable year, and ‘‘(II) distributions (other than amounts includible in the policyholder’s gross income) during such taxable year to which section 72(e) applies. ‘‘(ii) ADJUSTED CASH VALUE.—For purposes of clause (i), the term ‘adjusted cash value’ means the cash surrender value of the policy or contract increased by the sum of— ‘‘(I) commissions payable with respect to such policy or contract for the taxable year, and ‘‘(II) asset management fees, surrender charges, mortality and expense charges, and any other fees or charges specified in regulations prescribed by the Secretary which are imposed (or which would be imposed were the policy or contract canceled) with respect to such policy or contract for the taxable year.’’. (2)(A) Subparagraph (B) of section 807(a)(2) is amended by striking ‘‘interest,’’ and inserting ‘‘interest and the amount of the policyholder’s share of the increase for the taxable year in policy cash values (within the meaning of section 805(a)(4)(F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies,’’. (B) Subparagraph (B) of section 807(b)(1) is amended by striking ‘‘interest,’’ and inserting ‘‘interest and the amount of the policyholder’s share of the increase for the taxable year in policy cash values (within the meaning of section 805(a)(4)(F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies,’’.

174 (3) Paragraph (1) of section 812(d) is amended by striking ‘‘and’’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(D) the increase for any taxable year in the policy cash values (within the meaning of section 805(a)(4)(F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies.’’. (4) Subparagraph (B) of section 832(b)(5) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(iii) the increase for the taxable year in policy cash values (within the meaning of section 805(a)(4)(F)) of life insurance policies and annuity and endowment contracts to which section 264(f) applies.’’. (c) CONFORMING AMENDMENT.—Subparagraph (A) of section 265(b)(4) is amended by inserting ‘‘, section 264,’’ before ‘‘and section 291’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to contracts issued after June 8, 1997, in taxable years ending after such date. For purposes of the preceding sentence, any material increase in the death benefit or other material change in the contract shall be treated as a new contract but the addition of covered lives shall be treated as a new contract only with respect to such additional covered lives. For purposes of this subsection, an increase in the death benefit under a policy or contract issued in connection with a lapse described in section 501(d)(2) of the Health Insurance Portability and Accountability Act of 1996 shall not be treated as a new contract.
SEC. 1085. IMPROVED ENFORCEMENT OF THE APPLICATION OF THE EARNED INCOME CREDIT.

(a) RESTRICTIONS ON AVAILABILITY OF EARNED INCOME CREDIT FOR TAXPAYERS WHO IMPROPERLY CLAIMED CREDIT IN PRIOR YEAR.— (1) IN GENERAL.—Section 32 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ‘‘(k) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED CREDIT IN PRIOR YEAR.— ‘‘(1) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECKLESS CLAIMS.— ‘‘(A) IN GENERAL.—No credit shall be allowed under this section for any taxable year in the disallowance period. ‘‘(B) DISALLOWANCE PERIOD.—For purposes of paragraph (1), the disallowance period is— ‘‘(i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this section was due to fraud, and ‘‘(ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this

175 section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ‘‘(2) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.’’. (2) DUE DILIGENCE REQUIREMENT ON INCOME TAX RETURN PREPARERS.—Section 6695 is amended by adding at the end the following new subsection: ‘‘(g) FAILURE TO BE DILIGENT IN DETERMINING ELIGIBILITY FOR EARNED INCOME CREDIT.—Any person who is an income tax return preparer with respect to any return or claim for refund who fails to comply with due diligence requirements imposed by the Secretary by regulations with respect to determining eligibility for, or the amount of, the credit allowable by section 32 shall pay a penalty of $100 for each such failure.’’. (3) EXTENSION PROCEDURES APPLICABLE TO MATHEMATICAL OR CLERICAL ERRORS.—Paragraph (2) of section 6213(g) (relating to the definition of mathematical or clerical errors) is amended by striking ‘‘and’’ at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ‘‘, and’’, and by inserting after subparagraph (I) the following new subparagraph: ‘‘(J) an omission of information required by section 32(k)(2) (relating to taxpayers making improper prior claims of earned income credit).’’. (b) INCREASE IN NET LOSS DISREGARDED FOR MODIFIED ADJUSTED GROSS INCOME.—Section 32(c)(5)(B)(iv) is amended by striking ‘‘50 percent’’ and inserting ‘‘75 percent’’. (c) WORKFARE PAYMENTS NOT INCLUDED IN EARNED INCOME.— Section 32(c)(2)(B) is amended by striking ‘‘and’’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(v) no amount described in subparagraph (A) received for service performed in work activities as defined in section 407(d) of the Social Security Act to which the taxpayer is assigned under any State program under part A of title IV of such Act, but only to the extent such amount is subsidized under such State program.’’. (d) CERTAIN NONTAXABLE INCOME INCLUDED IN MODIFIED ADJUSTED GROSS INCOME.—Section 32(c)(5)(B) is amended— (1) by striking ‘‘and’’ at the end of clause (iii), (2) by striking the period at the end of clause (iv)(III), (3) by inserting after clause (iv)(III) the following new clauses: ‘‘(v) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, and ‘‘(vi) amounts received as a pension or annuity, and any distributions or payments received from an in-

176 dividual retirement plan, by the taxpayer during the taxable year to the extent not included in gross income.’’, and (4) by adding at the end the following new sentence: ‘‘Clause (vi) shall not include any amount which is not includible in gross income by reason of section 402(c), 403(a)(4), 403(b), 408(d) (3), (4), or (5), or 457(e)(10).’’. (e) EFFECTIVE DATES.— (1) The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) The amendments made by subsections (b), (c), and (d) shall apply to taxable years beginning after December 31, 1997.
SEC. 1086. LIMITATION ON PROPERTY FOR WHICH INCOME FORECAST METHOD MAY BE USED.

(a) LIMITATION.—Subsection (g) of section 167 is amended by adding at the end the following new paragraph: ‘‘(6) LIMITATION ON PROPERTY FOR WHICH INCOME FORECAST METHOD MAY BE USED.—The depreciation deduction allowable under this section may be determined under the income forecast method or any similar method only with respect to— ‘‘(A) property described in paragraph (3) or (4) of section 168(f), ‘‘(B) copyrights, ‘‘(C) books, ‘‘(D) patents, and ‘‘(E) other property specified in regulations. Such methods may not be used with respect to any amortizable section 197 intangible (as defined in section 197(c)).’’. (b) DEPRECIATION PERIOD FOR RENT-TO-OWN PROPERTY.— (1) IN GENERAL.—Subparagraph (A) of section 168(e)(3) (relating to 3-year property) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(iii) any qualified rent-to-own property.’’. (2) 4-YEAR CLASS LIFE.—The table contained in section 168(g)(3)(B) is amended by inserting before the first item the following new item:
‘‘(A)(iii) ................................................................................................. 4 ’’.

(3) DEFINITION OF QUALIFIED RENT-TO-OWN PROPERTY.— Subsection (i) of section 168 is amended by adding at the end the following new paragraph: ‘‘(14) QUALIFIED RENT-TO-OWN PROPERTY.— ‘‘(A) IN GENERAL.—The term ‘qualified rent-to-own property’ means property held by a rent-to-own dealer for purposes of being subject to a rent-to-own contract. ‘‘(B) RENT-TO-OWN DEALER.—The term ‘rent-to-own dealer’ means a person that, in the ordinary course of business, regularly enters into rent-to-own contracts with customers for the use of consumer property, if a substantial portion of those contracts terminate and the property is returned to such person before the receipt of all payments re-

177 quired to transfer ownership of the property from such person to the customer. ‘‘(C) CONSUMER PROPERTY.—The term ‘consumer property’ means tangible personal property of a type generally used within the home for personal use. ‘‘(D) RENT-TO-OWN CONTRACT.—The term ‘rent-to-own contract’ means any lease for the use of consumer property between a rent-to-own dealer and a customer who is an individual which— ‘‘(i) is titled ‘Rent-to-Own Agreement’ or ‘Lease Agreement with Ownership Option,’ or uses other similar language, ‘‘(ii) provides for level (or decreasing where no payment is less than 40 percent of the largest payment), regular periodic payments (for a payment period which is a week or month), ‘‘(iii) provides that legal title to such property remains with the rent-to-own dealer until the customer makes all the payments described in clause (ii) or early purchase payments required under the contract to acquire legal title to the item of property, ‘‘(iv) provides a beginning date and a maximum period of time for which the contract may be in effect that does not exceed 156 weeks or 36 months from such beginning date (including renewals or options to extend), ‘‘(v) provides for payments within the 156-week or 36-month period that, in the aggregate, generally exceed the normal retail price of the consumer property plus interest, ‘‘(vi) provides for payments under the contract that, in the aggregate, do not exceed $10,000 per item of consumer property, ‘‘(vii) provides that the customer does not have any legal obligation to make all the payments referred to in clause (ii) set forth under the contract, and that at the end of each payment period the customer may either continue to use the consumer property by making the payment for the next payment period or return such property to the rent-to-own dealer in good working order, in which case the customer does not incur any further obligations under the contract and is not entitled to a return of any payments previously made under the contract, and ‘‘(viii) provides that the customer has no right to sell, sublease, mortgage, pawn, pledge, encumber, or otherwise dispose of the consumer property until all the payments stated in the contract have been made.’’. (c) EFFECTIVE DATE.—The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.

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SEC. 1087. EXPANSION OF REQUIREMENT THAT INVOLUNTARILY CONVERTED PROPERTY BE REPLACED WITH PROPERTY ACQUIRED FROM AN UNRELATED PERSON.

(a) IN GENERAL.—Subsection (i) of section 1033 is amended to read as follows: ‘‘(i) REPLACEMENT PROPERTY MUST BE ACQUIRED FROM UNRELATED PERSON IN CERTAIN CASES.— ‘‘(1) IN GENERAL.—If the property which is involuntarily converted is held by a taxpayer to which this subsection applies, subsection (a) shall not apply if the replacement property or stock is acquired from a related person. The preceding sentence shall not apply to the extent that the related person acquired the replacement property or stock from an unrelated person during the period applicable under subsection (a)(2)(B). ‘‘(2) TAXPAYERS TO WHICH SUBSECTION APPLIES.—This subsection shall apply to— ‘‘(A) a C corporation, ‘‘(B) a partnership in which 1 or more C corporations own, directly or indirectly (determined in accordance with section 707(b)(3)), more than 50 percent of the capital interest, or profits interest, in such partnership at the time of the involuntary conversion, and ‘‘(C) any other taxpayer if, with respect to property which is involuntarily converted during the taxable year, the aggregate of the amount of realized gain on such property on which there is realized gain exceeds $100,000. In the case of a partnership, subparagraph (C) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ‘‘(3) RELATED PERSON.—For purposes of this subsection, a person is related to another person if the person bears a relationship to the other person described in section 267(b) or 707(b)(1).’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to involuntary conversions occurring after June 8, 1997.
SEC. 1088. TREATMENT OF EXCEPTION FROM INSTALLMENT SALES RULES FOR SALES OF PROPERTY BY A MANUFACTURER TO A DEALER.

(a) IN GENERAL.—Paragraph (2) of section 811(c) of the Tax Reform Act of 1986 is hereby repealed. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. (2) COORDINATION WITH SECTION 481.—In the case of any taxpayer required by this section to change its method of accounting for any taxable year— (A) such changes shall be treated as initiated by the taxpayer, (B) such changes shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account under section 481(a) of the Internal Revenue Code of 1986 shall be taken into account ratably over

179 the 4 taxable year period beginning with the first taxable year beginning after the date of the enactment of this Act.
SEC. 1089. LIMITATIONS ON CHARITABLE REMAINDER TRUST ELIGIBILITY FOR CERTAIN TRUSTS.

(a) LIMITATION ON NONCHARITABLE DISTRIBUTIONS.— (1) IN GENERAL.—Paragraphs (1)(A) and (2)(A) of section 664(d) (relating to charitable remainder trusts) are each amended by inserting ‘‘nor more than 50 percent’’ after ‘‘not less than 5 percent’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to transfers in trust after June 18, 1997. (b) MINIMUM CHARITABLE BENEFIT.— (1) CHARITABLE REMAINDER ANNUITY TRUSTS.—Paragraph (1) of section 664(d) is amended by striking ‘‘and’’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: ‘‘(D) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial net fair market value of all property placed in the trust.’’ (2) CHARITABLE REMAINDER UNITRUSTS.—Paragraph (2) of section 664(d) is amended by striking ‘‘and’’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: ‘‘(D) with respect to each contribution of property to the trust, the value (determined under section 7520) of such remainder interest in such property is at least 10 percent of the net fair market value of such property as of the date such property is contributed to the trust.’’. (3) VOID OR REFORMED TRUST.—Paragraph (3) of section 2055(e) is amended by adding at the end the following new subparagraph: ‘‘(J) VOID OR REFORMED TRUST IN CASES OF INSUFFICIENT REMAINDER INTERESTS.—In the case of a trust that would qualify (or could be reformed to qualify pursuant to subparagraph (B)) but for failure to satisfy the requirement of paragraph (1)(D) or (2)(D) of section 664(d), such trust may be— ‘‘(i) declared null and void ab initio, or ‘‘(ii) changed by reformation, amendment, or otherwise to meet such requirement by reducing the payout rate or the duration (or both) of any noncharitable beneficiary’s interest to the extent necessary to satisfy such requirement, pursuant to a proceeding that is commenced within the period required in subparagraph (C)(iii). In a case described in clause (i), no deduction shall be allowed under this title for any transfer to the trust and any transactions entered into by the trust prior to being declared void shall be treated as entered into by the transferor.’’ (4) SEVERANCE OF CERTAIN ADDITIONAL CONTRIBUTIONS.—Subsection (d) of section 664 is amended by adding at the end the following new paragraph:

180 ‘‘(4) SEVERANCE If— ‘‘(A) any contribution is made to a trust which before the contribution is a charitable remainder unitrust, and ‘‘(B) such contribution would (but for this paragraph) result in such trust ceasing to be a charitable unitrust by reason of paragraph (2)(D), such contribution shall be treated as a transfer to a separate trust under regulations prescribed by the Secretary.’’ (5) CONFORMING AMENDMENT.—Section 2055(e)(3)(G) is amended by inserting ‘‘(or other proceeding pursuant to subparagraph (J)’’ after ‘‘reformation’’. (6) EFFECTIVE DATES.— (A) IN GENERAL.—Except as otherwise provided in this paragraph, the amendments made by this subsection shall apply to transfers in trust after July 28, 1997. (B) SPECIAL RULE FOR CERTAIN DECEDENTS.—The amendments made by this subsection shall not apply to transfers in trust under the terms of a will (or other testamentary instrument) executed on or before July 28, 1997, if the decedent— (i) dies before January 1, 1999, without having republished the will (or amended such instrument) by codicil or otherwise, or (ii) was on July 28, 1997, under a mental disability to change the disposition of his property and did not regain his competence to dispose of such property before the date of his death.
SEC. 1090. EXPANDED SSA RECORDS FOR TAX ENFORCEMENT.
OF CERTAIN ADDITIONAL CONTRIBUTIONS.—

IRS

(a) EXPANSION OF COORDINATED ENFORCEMENT EFFORTS OF AND HHS OFFICE OF CHILD SUPPORT ENFORCEMENT.— (1) STATE REPORTING OF SSN OF CHILD.—Section 454A(e)(4)(D) of the Social Security Act (42 U.S.C. 654a(e)(4)(D)) is amended by striking ‘‘the birth date of any child’’ and inserting ‘‘the birth date and, beginning not later than October 1, 1999, the social security number, of any child’’. (2) FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS.— Section 453(h) of such Act (42 U.S.C. 653(h)) is amended— (A) in paragraph (2), by adding at the end the following: ‘‘Beginning not later than October 1, 1999, the information referred to in paragraph (1) shall include the names and social security numbers of the children of such individuals.’’; and (B) by adding at the end the following: ‘‘(3) ADMINISTRATION OF FEDERAL TAX LAWS.—The Secretary of the Treasury shall have access to the information described in paragraph (2) for the purpose of administering those sections of the Internal Revenue Code of 1986 which grant tax benefits based on support or residence of children.’’. (3) COORDINATION BETWEEN SECRETARIES.—The Secretary of the Treasury and the Secretary of Health and Human Services shall consult regarding the implementation issues resulting from the amendments made by this subsection, including interim deadlines for States that may be able before October 1,

181 1999, to provide the data required by such amendments. The Secretaries shall report to Congress on the results of such consultation. (4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 1998. (b) REQUIRED SUBMISSION OF SSN’S ON APPLICATIONS.— (1) IN GENERAL.—Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended— (A) in subparagraph (B)(ii), by adding at the end the following new sentence: ‘‘With respect to an application for a social security account number for an individual who has not attained the age of 18 before such application, such evidence shall include the information described in subparagraph (C)(ii).’’, (B) in the second sentence of subparagraph (C)(ii), insert ‘‘the Commissioner of Social Security and’’ after ‘‘available to’’, and (C) by adding at the end the following new subparagraph: ‘‘(H) The Commissioner of Social Security shall share with the Secretary of the Treasury the information obtained by the Commissioner pursuant to the second sentence of subparagraph (B)(ii) and to subparagraph (C)(ii) for the purpose of administering those sections of the Internal Revenue Code of 1986 which grant tax benefits based on support or residence of children.’’. (2) EFFECTIVE DATES.— (A) The amendment made by paragraph (1)(A) shall apply to applications made after the date which is 180 days after the date of the enactment of this Act. (B) The amendments made by subparagraphs (B) and (C) of paragraph (1) shall apply to information obtained on, before, or after the date of the enactment of this Act.
SEC. 1091. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.

(a) IN GENERAL.—Clause (i) of section 6654(d)(1)(C) (relating to limitation on use of preceding year’s tax) is amended to read as follows: ‘‘(i) IN GENERAL.—If the adjusted gross income shown on the return of the individual for the preceding taxable year beginning in any calendar year exceeds $150,000, clause (ii) of subparagraph (B) shall be applied by substituting the applicable percentage for ‘100 percent’. For purposes of the preceding sentence, the applicable percentage shall be determined in accordance with the following table:
‘‘If the preceding taxThe applicable able year begins in: percentage is: 1998, 1999, or 2000 .......................................................................... 105 2001 ................................................................................................... 112 2002 or thereafter ............................................................................. 110.

This clause shall not apply in the case of a preceding taxable year beginning in calendar year 1997.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to any installment payment for taxable years beginning after December 31, 1997.

182

TITLE XI—SIMPLIFICATION AND OTHER FOREIGN-RELATED PROVISIONS Subtitle A—General Provisions
SEC. 1101. CERTAIN INDIVIDUALS EXEMPT FROM FOREIGN TAX CREDIT LIMITATION.

(a) GENERAL RULE.—Section 904 (relating to limitations on foreign tax credit) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: ‘‘(j) CERTAIN INDIVIDUALS EXEMPT.— ‘‘(1) IN GENERAL.—In the case of an individual to whom this subsection applies for any taxable year— ‘‘(A) the limitation of subsection (a) shall not apply, ‘‘(B) no taxes paid or accrued by the individual during such taxable year may be deemed paid or accrued under subsection (c) in any other taxable year, and ‘‘(C) no taxes paid or accrued by the individual during any other taxable year may be deemed paid or accrued under subsection (c) in such taxable year. ‘‘(2) INDIVIDUALS TO WHOM SUBSECTION APPLIES.—This subsection shall apply to an individual for any taxable year if— ‘‘(A) the entire amount of such individual’s gross income for the taxable year from sources without the United States consists of qualified passive income, ‘‘(B) the amount of the creditable foreign taxes paid or accrued by the individual during the taxable year does not exceed $300 ($600 in the case of a joint return), and ‘‘(C) such individual elects to have this subsection apply for the taxable year. ‘‘(3) DEFINITIONS.—For purposes of this subsection— ‘‘(A) QUALIFIED PASSIVE INCOME.—The term ‘qualified passive income’ means any item of gross income if— ‘‘(i) such item of income is passive income (as defined in subsection (d)(2)(A) without regard to clause (iii) thereof), and ‘‘(ii) such item of income is shown on a payee statement furnished to the individual. ‘‘(B) CREDITABLE FOREIGN TAXES.—The term ‘creditable foreign taxes’ means any taxes for which a credit is allowable under section 901; except that such term shall not include any tax unless such tax is shown on a payee statement furnished to such individual. ‘‘(C) PAYEE STATEMENT.—The term ‘payee statement’ has the meaning given to such term by section 6724(d)(2). ‘‘(D) ESTATES AND TRUSTS NOT ELIGIBLE.—This subsection shall not apply to any estate or trust.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.

183
SEC. 1102. EXCHANGE RATE USED IN TRANSLATING FOREIGN TAXES.

(a) ACCRUED TAXES TRANSLATED BY USING AVERAGE RATE FOR YEAR TO WHICH TAXES RELATE.— (1) IN GENERAL.—Subsection (a) of section 986 (relating to translation of foreign taxes) is amended to read as follows: ‘‘(a) FOREIGN INCOME TAXES.— ‘‘(1) TRANSLATION OF ACCRUED TAXES.— ‘‘(A) IN GENERAL.—For purposes of determining the amount of the foreign tax credit, in the case of a taxpayer who takes foreign income taxes into account when accrued, the amount of any foreign income taxes (and any adjustment thereto) shall be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate. ‘‘(B) EXCEPTION FOR CERTAIN TAXES.—Subparagraph (A) shall not apply to any foreign income taxes— ‘‘(i) paid after the date 2 years after the close of the taxable year to which such taxes relate, or ‘‘(ii) paid before the beginning of the taxable year to which such taxes relate. ‘‘(C) EXCEPTION FOR INFLATIONARY CURRENCIES.—Subparagraph (A) shall not apply to any foreign income taxes the liability for which is denominated in any inflationary currency (as determined under regulations). ‘‘(D) CROSS REFERENCE.—
‘‘For adjustments where tax is not paid within 2 years, see section 905(c).

‘‘(2) TRANSLATION OF TAXES TO WHICH PARAGRAPH (1) DOES NOT APPLY.—For purposes of determining to the amount of the foreign tax credit, in the case of any foreign income taxes to which subparagraph (A) of paragraph (1) does not apply— ‘‘(A) such taxes shall be translated into dollars using the exchange rates as of the time such taxes were paid to the foreign country or possession of the United States, and ‘‘(B) any adjustment to the amount of such taxes shall be translated into dollars using— ‘‘(i) except as provided in clause (ii), the exchange rate as of the time when such adjustment is paid to the foreign country or possession, or ‘‘(ii) in the case of any refund or credit of foreign income taxes, using the exchange rate as of the time of the original payment of such foreign income taxes. ‘‘(3) FOREIGN INCOME TAXES.—For purposes of this subsection, the term ‘foreign income taxes’ means any income, war profits, or excess profits taxes paid or accrued to any foreign country or to any possession of the United States.’’. (2) ADJUSTMENT WHEN NOT PAID WITHIN 2 YEARS AFTER YEAR TO WHICH TAXES RELATE.—Subsection (c) of section 905 is amended to read as follows: ‘‘(c) ADJUSTMENTS TO ACCRUED TAXES.— ‘‘(1) IN GENERAL.—If— ‘‘(A) accrued taxes when paid differ from the amounts claimed as credits by the taxpayer,

184 ‘‘(B) accrued taxes are not paid before the date 2 years after the close of the taxable year to which such taxes relate, or ‘‘(C) any tax paid is refunded in whole or in part, the taxpayer shall notify the Secretary, who shall redetermine the amount of the tax for the year or years affected. The Secretary may prescribe adjustments to the pools of post-1986 foreign income taxes and the pools of post-1986 undistributed earnings under sections 902 and 960 in lieu of the redetermination under the preceding sentence. ‘‘(2) SPECIAL RULE FOR TAXES NOT PAID WITHIN 2 YEARS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), in making the redetermination under paragraph (1), no credit shall be allowed for accrued taxes not paid before the date referred to in subparagraph (B) of paragraph (1). ‘‘(B) TAXES SUBSEQUENTLY PAID.—Any such taxes if subsequently paid— ‘‘(i) shall be taken into account— ‘‘(I) in the case of taxes deemed paid under section 902 or section 960, for the taxable year in which paid (and no redetermination shall be made under this section by reason of such payment), and ‘‘(II) in any other case, for the taxable year to which such taxes relate, and ‘‘(ii) shall be translated as provided in section 986(a)(2)(A). ‘‘(3) ADJUSTMENTS.—The amount of tax (if any) due on any redetermination under paragraph (1) shall be paid by the taxpayer on notice and demand by the Secretary, and the amount of tax overpaid (if any) shall be credited or refunded to the taxpayer in accordance with subchapter B of chapter 66 (section 6511 et seq.). ‘‘(4) BOND REQUIREMENTS.—In the case of any tax accrued but not paid, the Secretary, as a condition precedent to the allowance of the credit provided in this subpart, may require the taxpayer to give a bond, with sureties satisfactory to and approved by the Secretary, in such sum as the Secretary may require, conditioned on the payment by the taxpayer of any amount of tax found due on any such redetermination. Any such bond shall contain such further conditions as the Secretary may require. ‘‘(5) OTHER SPECIAL RULES.—In any redetermination under paragraph (1) by the Secretary of the amount of tax due from the taxpayer for the year or years affected by a refund, the amount of the taxes refunded for which credit has been allowed under this section shall be reduced by the amount of any tax described in section 901 imposed by the foreign country or possession of the United States with respect to such refund; but no credit under this subpart, or deduction under section 164, shall be allowed for any taxable year with respect to any such tax imposed on the refund. No interest shall be assessed or collected on any amount of tax due on any redetermination by the Secretary, resulting from a refund to the taxpayer, for any period before the receipt of such refund, except to the extent interest

185 was paid by the foreign country or possession of the United States on such refund for such period.’’. (b) AUTHORITY TO USE AVERAGE RATES.— (1) IN GENERAL.—Subsection (a) of section 986 (as amended by subsection (a)) is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: ‘‘(3) AUTHORITY TO PERMIT USE OF AVERAGE RATES.—To the extent prescribed in regulations, the average exchange rate for the period (specified in such regulations) during which the taxes or adjustment is paid may be used instead of the exchange rate as of the time of such payment.’’. (2) DETERMINATION OF AVERAGE RATES.—Subsection (c) of section 989 is amended by striking ‘‘and’’ at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ‘‘, and’’, and by adding at the end thereof the following new paragraph: ‘‘(6) setting forth procedures for determining the average exchange rate for any period.’’. (3) CONFORMING AMENDMENTS.—Subsection (b) of section 989 is amended by striking ‘‘weighted’’ each place it appears. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by subsections (a)(1) and (b) shall apply to taxes paid or accrued in taxable years beginning after December 31, 1997. (2) SUBSECTION (a)(2).—The amendment made by subsection (a)(2) shall apply to taxes which relate to taxable years beginning after December 31, 1997.
SEC. 1103. ELECTION TO USE SIMPLIFIED SECTION 904 LIMITATION FOR ALTERNATIVE MINIMUM TAX.

(a) GENERAL RULE.—Subsection (a) of section 59 (relating to alternative minimum tax foreign tax credit) is amended by adding at the end thereof the following new paragraph: ‘‘(3) ELECTION TO USE SIMPLIFIED SECTION 904 LIMITATION.— ‘‘(A) IN GENERAL.—In determining the alternative minimum tax foreign tax credit for any taxable year to which an election under this paragraph applies— ‘‘(i) subparagraph (B) of paragraph (1) shall not apply, and ‘‘(ii) the limitation of section 904 shall be based on the proportion which— ‘‘(I) the taxpayer’s taxable income (as determined for purposes of the regular tax) from sources without the United States (but not in excess of the taxpayer’s entire alternative minimum taxable income), bears to ‘‘(II) the taxpayer’s entire alternative minimum taxable income for the taxable year. ‘‘(B) ELECTION.— ‘‘(i) IN GENERAL.—An election under this paragraph may be made only for the taxpayer’s first taxable year which begins after December 31, 1997, and for

186 which the taxpayer claims an alternative minimum tax foreign tax credit. ‘‘(ii) ELECTION REVOCABLE ONLY WITH CONSENT.— An election under this paragraph, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1104. TREATMENT OF PERSONAL TRANSACTIONS BY INDIVIDUALS UNDER FOREIGN CURRENCY RULES.

(a) GENERAL RULE.—Subsection (e) of section 988 (relating to application to individuals) is amended to read as follows: ‘‘(e) APPLICATION TO INDIVIDUALS.— ‘‘(1) IN GENERAL.—The preceding provisions of this section shall not apply to any section 988 transaction entered into by an individual which is a personal transaction. ‘‘(2) EXCLUSION FOR CERTAIN PERSONAL TRANSACTIONS.— If— ‘‘(A) nonfunctional currency is disposed of by an individual in any transaction, and ‘‘(B) such transaction is a personal transaction, no gain shall be recognized for purposes of this subtitle by reason of changes in exchange rates after such currency was acquired by such individual and before such disposition. The preceding sentence shall not apply if the gain which would otherwise be recognized on the transaction exceeds $200. ‘‘(3) PERSONAL TRANSACTIONS.—For purposes of this subsection, the term ‘personal transaction’ means any transaction entered into by an individual, except that such term shall not include any transaction to the extent that expenses properly allocable to such transaction meet the requirements of— ‘‘(A) section 162 (other than traveling expenses described in subsection (a)(2) thereof), or ‘‘(B) section 212 (other than that part of section 212 dealing with expenses incurred in connection with taxes).’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1105. FOREIGN TAX CREDIT TREATMENT OF DIVIDENDS FROM NONCONTROLLED SECTION 902 CORPORATIONS.

(a) SEPARATE BASKET ONLY TO APPLY
INGS.—

TO

PRE-2003 EARN-

(1) IN GENERAL.—Subparagraph (E) of section 904(d)(1) is amended to read as follows: ‘‘(E) in the case of a corporation, dividends from noncontrolled section 902 corporations out of earnings and profits accumulated in taxable years beginning before January 1, 2003,’’. (2) AGGREGATION OF NON-PFICS.—Subparagraph (E) of section 904(d)(2) (relating to noncontrolled section 902 corporations) is amended by adding at the end the following new clause: ‘‘(iv) ALL NON-PFICS TREATED AS ONE.—All noncontrolled section 902 corporations which are not passive

187 foreign investment companies (as defined in section 1297) shall be treated as one noncontrolled section 902 corporation for purposes of paragraph (1).’’. (3) CONFORMING AMENDMENTS.—Subparagraphs (C)(iii)(II) and (D) of section 904(d)(2) are each amended by inserting ‘‘out of earnings and profits accumulated in taxable years beginning before January 1, 2003’’ after ‘‘corporation’’. (b) APPLICATION OF LOOK-THRU RULES TO DIVIDENDS OF NONCONTROLLED SECTION 902 CORPORATIONS ATTRIBUTABLE TO POST2002 EARNINGS.—Section 904(d) is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ‘‘(4) LOOK-THRU APPLIES TO DIVIDENDS FROM NONCONTROLLED SECTION 902 CORPORATIONS.— ‘‘(A) IN GENERAL.—For purposes of this subsection, any applicable dividend shall be treated as income in a separate category in proportion to the ratio of— ‘‘(i) the portion of the earnings and profits described in subparagraph (B)(ii) attributable to income in such category, to ‘‘(ii) the total amount of such earnings and profits. ‘‘(B) APPLICABLE DIVIDEND.—For purposes of subparagraph (A), the term ‘applicable dividend’ means any dividend— ‘‘(i) from a noncontrolled section 902 corporation with respect to the taxpayer, and ‘‘(ii) paid out of earnings and profits accumulated in taxable years beginning after December 31, 2002. ‘‘(C) SPECIAL RULES.— ‘‘(i) IN GENERAL.—Rules similar to the rules of paragraph (3)(F) shall apply for purposes of this paragraph. ‘‘(ii) EARNINGS AND PROFITS.—For purposes of this paragraph and paragraph (1)(E)— ‘‘(I) IN GENERAL.—The rules of section 316 shall apply. ‘‘(II) REGULATIONS.—The Secretary may prescribe regulations regarding the treatment of distributions out of earnings and profits for periods prior to the taxpayer’s acquisition of such stock.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Subtitle B—Treatment of Controlled Foreign Corporations
SEC. 1111. GAIN ON CERTAIN STOCK SALES BY CONTROLLED FOREIGN CORPORATIONS TREATED AS DIVIDENDS.

(a) GENERAL RULE.—Section 964 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new subsection: ‘‘(e) GAIN ON CERTAIN STOCK SALES BY CONTROLLED FOREIGN CORPORATIONS TREATED AS DIVIDENDS.—

188 ‘‘(1) IN GENERAL.—If a controlled foreign corporation sells or exchanges stock in any other foreign corporation, gain recognized on such sale or exchange shall be included in the gross income of such controlled foreign corporation as a dividend to the same extent that it would have been so included under section 1248(a) if such controlled foreign corporation were a United States person. For purposes of determining the amount which would have been so includible, the determination of whether such other foreign corporation was a controlled foreign corporation shall be made without regard to the preceding sentence. ‘‘(2) SAME COUNTRY EXCEPTION NOT APPLICABLE.—Clause (i) of section 954(c)(3)(A) shall not apply to any amount treated as a dividend by reason of paragraph (1). ‘‘(3) CLARIFICATION OF DEEMED SALES.—For purposes of this subsection, a controlled foreign corporation shall be treated as having sold or exchanged any stock if, under any provision of this subtitle, such controlled foreign corporation is treated as having gain from the sale or exchange of such stock.’’. (b) AMENDMENT OF SECTION 904(d).—Clause (i) of section 904(d)(2)(E) is amended by striking ‘‘and except as provided in regulations, the taxpayer was a United States shareholder in such corporation’’. (c) EFFECTIVE DATES.— (1) The amendment made by subsection (a) shall apply to gain recognized on transactions occurring after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to distributions after the date of the enactment of this Act.
SEC. 1112. MISCELLANEOUS MODIFICATIONS TO SUBPART F.

(a) SECTION 1248 GAIN TAKEN INTO ACCOUNT IN DETERMINING PRO RATA SHARE.— (1) IN GENERAL.—Paragraph (2) of section 951(a) (defining pro rata share of subpart F income) is amended by adding at the end thereof the following new sentence: ‘‘For purposes of subparagraph (B), any gain included in the gross income of any person as a dividend under section 1248 shall be treated as a distribution received by such person with respect to the stock involved.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to dispositions after the date of the enactment of this Act. (b) BASIS ADJUSTMENTS IN STOCK HELD BY FOREIGN CORPORATION.— (1) IN GENERAL.—Section 961 (relating to adjustments to basis of stock in controlled foreign corporations and of other property) is amended by adding at the end thereof the following new subsection: ‘‘(c) BASIS ADJUSTMENTS IN STOCK HELD BY FOREIGN CORPORATION.—Under regulations prescribed by the Secretary, if a United States shareholder is treated under section 958(a)(2) as owning any stock in a controlled foreign corporation which is actually owned by another controlled foreign corporation, adjustments similar to the adjustments provided by subsections (a) and (b) shall be made to

189 the basis of such stock in the hands of such other controlled foreign corporation, but only for the purposes of determining the amount included under section 951 in the gross income of such United States shareholder (or any other United States shareholder who acquires from any person any portion of the interest of such United States shareholder by reason of which such shareholder was treated as owning such stock, but only to the extent of such portion, and subject to such proof of identity of such interest as the Secretary may prescribe by regulations).’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply for purposes of determining inclusions for taxable years of United States shareholders beginning after December 31, 1997. (c) CLARIFICATION OF TREATMENT OF BRANCH TAX EXEMPTIONS OR REDUCTIONS.— (1) IN GENERAL.—Subsection (b) of section 952 is amended by adding at the end thereof the following new sentence: ‘‘For purposes of this subsection, any exemption (or reduction) with respect to the tax imposed by section 884 shall not be taken into account.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to taxable years beginning after December 31, 1986.
SEC. 1113. INDIRECT FOREIGN TAX CREDIT ALLOWED FOR CERTAIN LOWER TIER COMPANIES.

(a) SECTION 902 CREDIT.— (1) IN GENERAL.—Subsection (b) of section 902 (relating to deemed taxes increased in case of certain 2nd and 3rd tier foreign corporations) is amended to read as follows: ‘‘(b) DEEMED TAXES INCREASED IN CASE OF CERTAIN LOWER TIER CORPORATIONS.— ‘‘(1) IN GENERAL.—If— ‘‘(A) any foreign corporation is a member of a qualified group, and ‘‘(B) such foreign corporation owns 10 percent or more of the voting stock of another member of such group from which it receives dividends in any taxable year, such foreign corporation shall be deemed to have paid the same proportion of such other member’s post-1986 foreign income taxes as would be determined under subsection (a) if such foreign corporation were a domestic corporation. ‘‘(2) QUALIFIED GROUP.—For purposes of paragraph (1), the term ‘qualified group’ means— ‘‘(A) the foreign corporation described in subsection (a), and ‘‘(B) any other foreign corporation if— ‘‘(i) the domestic corporation owns at least 5 percent of the voting stock of such other foreign corporation indirectly through a chain of foreign corporations connected through stock ownership of at least 10 percent of their voting stock, ‘‘(ii) the foreign corporation described in subsection (a) is the first tier corporation in such chain, and

190 ‘‘(iii) such other corporation is not below the sixth tier in such chain. The term ‘qualified group’ shall not include any foreign corporation below the third tier in the chain referred to in clause (i) unless such foreign corporation is a controlled foreign corporation (as defined in section 957) and the domestic corporation is a United States shareholder (as defined in section 951(b)) in such foreign corporation. Paragraph (1) shall apply to those taxes paid by a member of the qualified group below the third tier only with respect to periods during which it was a controlled foreign corporation.’’. (2) CONFORMING AMENDMENTS.— (A) Subparagraph (B) of section 902(c)(3) is amended by adding ‘‘or’’ at the end of clause (i) and by striking clauses (ii) and (iii) and inserting the following new clause: ‘‘(ii) the requirements of subsection (b)(2) are met with respect to such foreign corporation.’’. (B) Subparagraph (B) of section 902(c)(4) is amended by striking ‘‘3rd foreign corporation’’ and inserting ‘‘sixth tier foreign corporation’’. (C) The heading for paragraph (3) of section 902(c) is amended by striking ‘‘WHERE DOMESTIC CORPORATION ACQUIRES 10 PERCENT OF FOREIGN CORPORATION’’ and inserting ‘‘WHERE FOREIGN CORPORATION FIRST QUALIFIES’’. (D) Paragraph (3) of section 902(c) is amended by striking ‘‘ownership’’ each place it appears. (b) SECTION 960 CREDIT.—Paragraph (1) of section 960(a) (relating to special rules for foreign tax credits) is amended to read as follows: ‘‘(1) DEEMED PAID CREDIT.—For purposes of subpart A of this part, if there is included under section 951(a) in the gross income of a domestic corporation any amount attributable to earnings and profits of a foreign corporation which is a member of a qualified group (as defined in section 902(b)) with respect to the domestic corporation, then, except to the extent provided in regulations, section 902 shall be applied as if the amount so included were a dividend paid by such foreign corporation (determined by applying section 902(c) in accordance with section 904(d)(3)(B)).’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to taxes of foreign corporations for taxable years of such corporations beginning after the date of enactment of this Act. (2) SPECIAL RULE.—In the case of any chain of foreign corporations described in clauses (i) and (ii) of section 902(b)(2)(B) of the Internal Revenue Code of 1986 (as amended by this section), no liquidation, reorganization, or similar transaction in a taxable year beginning after the date of the enactment of this Act shall have the effect of permitting taxes to be taken into account under section 902 of the Internal Revenue Code of 1986 which could not have been taken into account under such section but for such transaction.

191

Subtitle C—Treatment of Passive Foreign Investment Companies
SEC. 1121. UNITED STATES SHAREHOLDERS OF CONTROLLED FOREIGN CORPORATIONS NOT SUBJECT TO PFIC INCLUSION.

Section 1296 is amended by adding at the end the following new subsection: ‘‘(e) EXCEPTION FOR UNITED STATES SHAREHOLDERS OF CONTROLLED FOREIGN CORPORATIONS.— ‘‘(1) IN GENERAL.—For purposes of this part, a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder’s holding period with respect to stock in such corporation. ‘‘(2) QUALIFIED PORTION.—For purposes of this subsection, the term ‘qualified portion’ means the portion of the shareholder’s holding period— ‘‘(A) which is after December 31, 1997, and ‘‘(B) during which the shareholder is a United States shareholder (as defined in section 951(b)) of the corporation and the corporation is a controlled foreign corporation. ‘‘(3) NEW HOLDING PERIOD IF QUALIFIED PORTION ENDS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), if the qualified portion of a shareholder’s holding period with respect to any stock ends after December 31, 1997, solely for purposes of this part, the shareholder’s holding period with respect to such stock shall be treated as beginning as of the first day following such period. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply if such stock was, with respect to such shareholder, stock in a passive foreign investment company at any time before the qualified portion of the shareholder’s holding period with respect to such stock and no election under section 1298(b)(1) is made.’’.
SEC. 1122. ELECTION OF MARK TO MARKET FOR MARKETABLE STOCK IN PASSIVE FOREIGN INVESTMENT COMPANY.

(a) IN GENERAL.—Part VI of subchapter P of chapter 1 is amended by redesignating subpart C as subpart D, by redesignating sections 1296 and 1297 as sections 1297 and 1298, respectively, and by inserting after subpart B the following new subpart:

‘‘Subpart C—Election of Mark to Market For Marketable Stock
‘‘Sec. 1296. Election of mark to market for marketable stock. ‘‘SEC. 1296. ELECTION OF MARK TO MARKET FOR MARKETABLE STOCK.

‘‘(a) GENERAL RULE.—In the case of marketable stock in a passive foreign investment company which is owned (or treated under subsection (g) as owned) by a United States person at the close of any taxable year of such person, at the election of such person— ‘‘(1) If the fair market value of such stock as of the close of such taxable year exceeds its adjusted basis, such United States

192 person shall include in gross income for such taxable year an amount equal to the amount of such excess. ‘‘(2) If the adjusted basis of such stock exceeds the fair market value of such stock as of the close of such taxable year, such United States person shall be allowed a deduction for such taxable year equal to the lesser of— ‘‘(A) the amount of such excess, or ‘‘(B) the unreversed inclusions with respect to such stock. ‘‘(b) BASIS ADJUSTMENTS.— ‘‘(1) IN GENERAL.—The adjusted basis of stock in a passive foreign investment company— ‘‘(A) shall be increased by the amount included in the gross income of the United States person under subsection (a)(1) with respect to such stock, and ‘‘(B) shall be decreased by the amount allowed as a deduction to the United States person under subsection (a)(2) with respect to such stock. ‘‘(2) SPECIAL RULE FOR STOCK CONSTRUCTIVELY OWNED.—In the case of stock in a passive foreign investment company which the United States person is treated as owning under subsection (g)— ‘‘(A) the adjustments under paragraph (1) shall apply to such stock in the hands of the person actually holding such stock but only for purposes of determining the subsequent treatment under this chapter of the United States person with respect to such stock, and ‘‘(B) similar adjustments shall be made to the adjusted basis of the property by reason of which the United States person is treated as owning such stock. ‘‘(c) CHARACTER AND SOURCE RULES.— ‘‘(1) ORDINARY TREATMENT.— ‘‘(A) GAIN.—Any amount included in gross income under subsection (a)(1), and any gain on the sale or other disposition of marketable stock in a passive foreign investment company (with respect to which an election under this section is in effect), shall be treated as ordinary income. ‘‘(B) LOSS.—Any— ‘‘(i) amount allowed as a deduction under subsection (a)(2), and ‘‘(ii) loss on the sale or other disposition of marketable stock in a passive foreign investment company (with respect to which an election under this section is in effect) to the extent that the amount of such loss does not exceed the unreversed inclusions with respect to such stock, shall be treated as an ordinary loss. The amount so treated shall be treated as a deduction allowable in computing adjusted gross income. ‘‘(2) SOURCE.—The source of any amount included in gross income under subsection (a)(1) (or allowed as a deduction under subsection (a)(2)) shall be determined in the same manner as if such amount were gain or loss (as the case may be) from the sale of stock in the passive foreign investment company.

193 ‘‘(d) UNREVERSED INCLUSIONS.—For purposes of this section, the term ‘unreversed inclusions’ means, with respect to any stock in a passive foreign investment company, the excess (if any) of— ‘‘(1) the amount included in gross income of the taxpayer under subsection (a)(1) with respect to such stock for prior taxable years, over ‘‘(2) the amount allowed as a deduction under subsection (a)(2) with respect to such stock for prior taxable years. The amount referred to in paragraph (1) shall include any amount which would have been included in gross income under subsection (a)(1) with respect to such stock for any prior taxable year but for section 1291. ‘‘(e) MARKETABLE STOCK.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘marketable stock’ means— ‘‘(A) any stock which is regularly traded on— ‘‘(i) a national securities exchange which is registered with the Securities and Exchange Commission or the national market system established pursuant to section 11A of the Securities and Exchange Act of 1934, or ‘‘(ii) any exchange or other market which the Secretary determines has rules adequate to carry out the purposes of this part, ‘‘(B) to the extent provided in regulations, stock in any foreign corporation which is comparable to a regulated investment company and which offers for sale or has outstanding any stock of which it is the issuer and which is redeemable at its net asset value, and ‘‘(C) to the extent provided in regulations, any option on stock described in subparagraph (A) or (B). ‘‘(2) SPECIAL RULE FOR REGULATED INVESTMENT COMPANIES.—In the case of any regulated investment company which is offering for sale or has outstanding any stock of which it is the issuer and which is redeemable at its net asset value, all stock in a passive foreign investment company which it owns directly or indirectly shall be treated as marketable stock for purposes of this section. Except as provided in regulations, similar treatment as marketable stock shall apply in the case of any other regulated investment company which publishes net asset valuations at least annually. ‘‘(f) TREATMENT OF CONTROLLED FOREIGN CORPORATIONS WHICH ARE SHAREHOLDERS IN PASSIVE FOREIGN INVESTMENT COMPANIES.—In the case of a foreign corporation which is a controlled foreign corporation and which owns (or is treated under subsection (g) as owning) stock in a passive foreign investment company— ‘‘(1) this section (other than subsection (c)(2)) shall apply to such foreign corporation in the same manner as if such corporation were a United States person, and ‘‘(2) for purposes of subpart F of part III of subchapter N— ‘‘(A) any amount included in gross income under subsection (a)(1) shall be treated as foreign personal holding company income described in section 954(c)(1)(A), and

194 ‘‘(B) any amount allowed as a deduction under subsection (a)(2) shall be treated as a deduction allocable to foreign personal holding company income so described. ‘‘(g) STOCK OWNED THROUGH CERTAIN FOREIGN ENTITIES.—Except as provided in regulations— ‘‘(1) IN GENERAL.—For purposes of this section, stock owned, directly or indirectly, by or for a foreign partnership or foreign trust or foreign estate shall be considered as being owned proportionately by its partners or beneficiaries. Stock considered to be owned by a person by reason of the application of the preceding sentence shall, for purposes of applying such sentence, be treated as actually owned by such person. ‘‘(2) TREATMENT OF CERTAIN DISPOSITIONS.—In any case in which a United States person is treated as owning stock in a passive foreign investment company by reason of paragraph (1)— ‘‘(A) any disposition by the United States person or by any other person which results in the United States person being treated as no longer owning such stock, and ‘‘(B) any disposition by the person owning such stock, shall be treated as a disposition by the United States person of the stock in the passive foreign investment company. ‘‘(h) COORDINATION WITH SECTION 851(b).—For purposes of paragraphs (2) and (3) of section 851(b), any amount included in gross income under subsection (a) shall be treated as a dividend. ‘‘(i) STOCK ACQUIRED FROM A DECEDENT.—In the case of stock of a passive foreign investment company which is acquired by bequest, devise, or inheritance (or by the decedent’s estate) and with respect to which an election under this section was in effect as of the date of the decedent’s death, notwithstanding section 1014, the basis of such stock in the hands of the person so acquiring it shall be the adjusted basis of such stock in the hands of the decedent immediately before his death (or, if lesser, the basis which would have been determined under section 1014 without regard to this subsection). ‘‘(j) COORDINATION WITH SECTION 1291 FOR FIRST YEAR OF ELECTION.— ‘‘(1) TAXPAYERS OTHER THAN REGULATED INVESTMENT COMPANIES.— ‘‘(A) IN GENERAL.—If the taxpayer elects the application of this section with respect to any marketable stock in a corporation after the beginning of the taxpayer’s holding period in such stock, and if the requirements of subparagraph (B) are not satisfied, section 1291 shall apply to— ‘‘(i) any distributions with respect to, or disposition of, such stock in the first taxable year of the taxpayer for which such election is made, and ‘‘(ii) any amount which, but for section 1291, would have been included in gross income under subsection (a) with respect to such stock for such taxable year in the same manner as if such amount were gain on the disposition of such stock. ‘‘(B) REQUIREMENTS.—The requirements of this subparagraph are met if, with respect to each of such corpora-

195 tion’s taxable years for which such corporation was a passive foreign investment company and which begin after December 31, 1986, and included any portion of the taxpayer’s holding period in such stock, such corporation was treated as a qualified electing fund under this part with respect to the taxpayer. ‘‘(2) SPECIAL RULES FOR REGULATED INVESTMENT COMPANIES.— ‘‘(A) IN GENERAL.—If a regulated investment company elects the application of this section with respect to any marketable stock in a corporation after the beginning of the taxpayer’s holding period in such stock, then, with respect to such company’s first taxable year for which such company elects the application of this section with respect to such stock— ‘‘(i) section 1291 shall not apply to such stock with respect to any distribution or disposition during, or amount included in gross income under this section for, such first taxable year, but ‘‘(ii) such regulated investment company’s tax under this chapter for such first taxable year shall be increased by the aggregate amount of interest which would have been determined under section 1291(c)(3) if section 1291 were applied without regard to this subparagraph. Clause (ii) shall not apply if for the preceding taxable year the company elected to mark to market the stock held by such company as of the last day of such preceding taxable year. ‘‘(B) DISALLOWANCE OF DEDUCTION.—No deduction shall be allowed to any regulated investment company for the increase in tax under subparagraph (A)(ii). ‘‘(k) ELECTION.—This section shall apply to marketable stock in a passive foreign investment company which is held by a United States person only if such person elects to apply this section with respect to such stock. Such an election shall apply to the taxable year for which made and all subsequent taxable years unless— ‘‘(1) such stock ceases to be marketable stock, or ‘‘(2) the Secretary consents to the revocation of such election. ‘‘(l) TRANSITION RULE FOR INDIVIDUALS BECOMING SUBJECT TO UNITED STATES TAX.—If any individual becomes a United States person in a taxable year beginning after December 31, 1997, solely for purposes of this section, the adjusted basis (before adjustments under subsection (b)) of any marketable stock in a passive foreign investment company owned by such individual on the first day of such taxable year shall be treated as being the greater of its fair market value on such first day or its adjusted basis on such first day.’’. (b) COORDINATION WITH INTEREST CHARGE, ETC.— (1) Paragraph (1) of section 1291(d) is amended by adding at the end the following new flush sentence:

196 ‘‘Except as provided in section 1296(j), this section also shall not apply if an election under section 1296(k) is in effect for the taxpayer’s taxable year.’’. (2) The subsection heading for subsection (d) of section 1291 is amended by striking ‘‘SUBPART B’’ and inserting ‘‘SUBPARTS B AND C’’. (3) Subparagraph (A) of section 1291(a)(3) is amended to read as follows: ‘‘(A) HOLDING PERIOD.—The taxpayer’s holding period shall be determined under section 1223; except that— ‘‘(i) for purposes of applying this section to an excess distribution, such holding period shall be treated as ending on the date of such distribution, and ‘‘(ii) if section 1296 applied to such stock with respect to the taxpayer for any prior taxable year, such holding period shall be treated as beginning on the first day of the first taxable year beginning after the last taxable year for which section 1296 so applied.’’. (c) TREATMENT OF MARK-TO-MARKET GAIN UNDER SECTION 4982.— (1) Subsection (e) of section 4982 is amended by adding at the end thereof the following new paragraph: ‘‘(6) TREATMENT OF GAIN RECOGNIZED UNDER SECTION 1296.—For purposes of determining a regulated investment company’s ordinary income— ‘‘(A) notwithstanding paragraph (1)(C), section 1296 shall be applied as if such company’s taxable year ended on October 31, and ‘‘(B) any ordinary gain or loss from an actual disposition of stock in a passive foreign investment company during the portion of the calendar year after October 31 shall be taken into account in determining such regulated investment company’s ordinary income for the following calendar year. In the case of a company making an election under paragraph (4), the preceding sentence shall be applied by substituting the last day of the company’s taxable year for October 31.’’. (2) Subsection (b) of section 852 is amended by adding at the end thereof the following new paragraph: ‘‘(10) SPECIAL RULE FOR CERTAIN LOSSES ON STOCK IN PASSIVE FOREIGN INVESTMENT COMPANY.—To the extent provided in regulations, the taxable income of a regulated investment company (other than a company to which an election under section 4982(e)(4) applies) shall be computed without regard to any net reduction in the value of any stock of a passive foreign investment company with respect to which an election under section 1296(k) is in effect occurring after October 31 of the taxable year, and any such reduction shall be treated as occurring on the first day of the following taxable year.’’. (3) Subsection (c) of section 852 is amended by inserting after ‘‘October 31 of such year’’ the following: ‘‘, without regard to any net reduction in the value of any stock of a passive foreign investment company with respect to which an election

197 under section 1296(k) is in effect occurring after October 31 of such year,’’. (d) CONFORMING AMENDMENTS.— (1) Sections 532(b)(4) and 542(c)(10) are each amended by striking ‘‘section 1296’’ and inserting ‘‘section 1297’’. (2) Subsection (f) of section 551 is amended by striking ‘‘section 1297(b)(5)’’ and inserting ‘‘section 1298(b)(5)’’. (3) Subsections (a)(1) and (d) of section 1293 are each amended by striking ‘‘section 1297(a)’’ and inserting ‘‘section 1298(a)’’. (4) Paragraph (3) of section 1297(b), as redesignated by subsection (a), is hereby repealed. (5) The table of sections for subpart D of part VI of subchapter P of chapter 1, as redesignated by subsection (a), is amended to read as follows:
‘‘Sec. 1297. Passive foreign investment company. ‘‘Sec. 1298. Special rules.’’.

(6) The table of subparts for part VI of subchapter P of chapter 1 is amended by striking the last item and inserting the following new items:
‘‘Subpart C. Election of mark to market for marketable stock. ‘‘Subpart D. General provisions.’’.

(e) CLARIFICATION OF GAIN RECOGNITION ELECTION.—The last sentence of section 1298(b)(1), as so redesignated, is amended by inserting ‘‘(determined without regard to the preceding sentence)’’ after ‘‘investment company’’.
SEC. 1123. VALUATION OF ASSETS FOR PASSIVE FOREIGN INVESTMENT COMPANY DETERMINATION.

(a) IN GENERAL.—Section 1297, as redesignated by section 1122, is amended by adding at the end the following new subsection: ‘‘(e) METHODS FOR MEASURING ASSETS.— ‘‘(1) DETERMINATION USING VALUE.—The determination under subsection (a)(2) shall be made on the basis of the value of the assets of a foreign corporation if— ‘‘(A) such corporation is a publicly traded corporation for the taxable year, or ‘‘(B) paragraph (2) does not apply to such corporation for the taxable year. ‘‘(2) DETERMINATION USING ADJUSTED BASES.—The determination under subsection (a)(2) shall be based on the adjusted bases (as determined for the purposes of computing earnings and profits) of the assets of a foreign corporation if such corporation is not described in paragraph (1)(A) and such corporation— ‘‘(A) is a controlled foreign corporation, or ‘‘(B) elects the application of this paragraph. An election under subparagraph (B), once made, may be revoked only with the consent of the Secretary. ‘‘(3) PUBLICLY TRADED CORPORATION.—For purposes of this subsection, a foreign corporation shall be treated as a publicly traded corporation if the stock in the corporation is regularly traded on—

198 ‘‘(A) a national securities exchange which is registered with the Securities and Exchange Commission or the national market system established pursuant to section 11A of the Securities and Exchange Act of 1934, or ‘‘(B) any exchange or other market which the Secretary determines has rules adequate to carry out the purposes of this subsection.’’ (b) CONFORMING AMENDMENTS.—Section 1297(a), as redesignated by section 1122, is amended— (1) by striking ‘‘(by value)’’ and inserting ‘‘(as determined in accordance with subsection (e))’’, and (2) by striking the last two sentences.
SEC. 1124. EFFECTIVE DATE.

The amendments made by this subtitle shall apply to— (1) taxable years of United States persons beginning after December 31, 1997, and (2) taxable years of foreign corporations ending with or within such taxable years of United States persons.

Subtitle D—Repeal of Excise Tax on Transfers to Foreign Entities
SEC. 1131. REPEAL OF EXCISE TAX ON TRANSFERS TO FOREIGN ENTITIES; RECOGNITION OF GAIN ON CERTAIN TRANSFERS TO FOREIGN TRUSTS AND ESTATES.

(a) REPEAL OF EXCISE TAX.—Chapter 5 (relating to transfers to avoid income tax) is hereby repealed. (b) RECOGNITION OF GAIN ON CERTAIN TRANSFERS TO FOREIGN TRUSTS AND ESTATES.—Subpart F of part I of subchapter J of chapter 1 is amended by adding at the end the following new section:
‘‘SEC. 684. RECOGNITION OF GAIN ON CERTAIN TRANSFERS TO CERTAIN FOREIGN TRUSTS AND ESTATES.

‘‘(a) IN GENERAL.—Except as provided in regulations, in the case of any transfer of property by a United States person to a foreign estate or trust, for purposes of this subtitle, such transfer shall be treated as a sale or exchange for an amount equal to the fair market value of the property transferred, and the transferor shall recognize as gain the excess of— ‘‘(1) the fair market value of the property so transferred, over ‘‘(2) the adjusted basis (for purposes of determining gain) of such property in the hands of the transferor. ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to a transfer to a trust by a United States person to the extent that any person is treated as the owner of such trust under section 671. ‘‘(c) TREATMENT OF TRUSTS WHICH BECOME FOREIGN TRUSTS.—If a trust which is not a foreign trust becomes a foreign trust, such trust shall be treated for purposes of this section as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust.’’. (b) OTHER ANTI-AVOIDANCE PROVISIONS REPLACING REPEALED EXCISE TAX.—

199 (1) GAIN RECOGNITION ON EXCHANGES INVOLVING FOREIGN PERSONS.—Section 1035 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ‘‘(c) EXCHANGES INVOLVING FOREIGN PERSONS.—To the extent provided in regulations, subsection (a) shall not apply to any exchange having the effect of transferring property to any person other than a United States person.’’. (2) TRANSFERS TO FOREIGN CORPORATIONS.—Section 367 is amended by adding at the end the following new subsection: ‘‘(f) OTHER TRANSFERS.—To the extent provided in regulations, if a United States person transfers property to a foreign corporation as paid-in surplus or as a contribution to capital (in a transaction not otherwise described in this section), such transfer shall be treated as a sale or exchange for an amount equal to the fair market value of the property transferred, and the transferor shall recognize as gain the excess of— ‘‘(1) the fair market value of the property so transferred, over ‘‘(2) the adjusted basis (for purposes of determining gain) of such property in the hands of the transferor.’’. (3) CERTAIN TRANSFERS TO PARTNERSHIPS.—Section 721 is amended by adding at the end the following new subsection: ‘‘(c) REGULATIONS RELATING TO CERTAIN TRANSFERS TO PARTNERSHIPS.—The Secretary may provide by regulations that subsection (a) shall not apply to gain realized on the transfer of property to a partnership if such gain, when recognized, will be includible in the gross income of a person other than a United States person.’’. (4) REPEAL OF U.S. SOURCE TREATMENT OF DEEMED ROYALTIES.—Subparagraph (C) of section 367(d)(2) is amended to read as follows: ‘‘(C) AMOUNTS RECEIVED TREATED AS ORDINARY INCOME.—For purposes of this chapter, any amount included in gross income by reason of this subsection shall be treated as ordinary income.’’. (5) TRANSFERS OF INTANGIBLES TO PARTNERSHIPS.— (A) Subsection (d) of section 367 is amended by adding at the end the following new paragraph: ‘‘(3) REGULATIONS RELATING TO TRANSFERS OF INTANGIBLES TO PARTNERSHIPS.—The Secretary may provide by regulations that the rules of paragraph (2) also apply to the transfer of intangible property by a United States person to a partnership in circumstances consistent with the purposes of this subsection.’’. (B) Section 721 is amended by adding at the end the following new subsection: ‘‘(d) TRANSFERS OF INTANGIBLES.—
‘‘For regulatory authority to treat intangibles transferred to a partnership as sold, see section 367(d)(3).’’.

(c) TECHNICAL AND CONFORMING AMENDMENTS.— (1) Subsection (h) of section 814 is amended by striking ‘‘or 1491’’. (2) Section 1057 (relating to election to treat transfer to foreign trust, etc., as taxable exchange) is hereby repealed.

200 (3) Section 6422 is amended by striking paragraph (5) and by redesignating paragraphs (6) through (13) as paragraphs (5) through (12), respectively. (4) The table of chapters for subtitle A is amended by striking the item relating to chapter 5. (5) The table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1057. (6) The table of sections for subpart F of part I of subchapter J of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 684. Recognition of gain on certain transfers to certain foreign trusts and estates.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

Subtitle E—Information Reporting
SEC. 1141. CLARIFICATION OF APPLICATION OF RETURN REQUIREMENT TO FOREIGN PARTNERSHIPS.

(a) IN GENERAL.—Section 6031 (relating to return of partnership income) is amended by adding at the end the following new subsection: ‘‘(e) FOREIGN PARTNERSHIPS.— ‘‘(1) EXCEPTION FOR FOREIGN PARTNERSHIP.—Except as provided in paragraph (2), the preceding provisions of this section shall not apply to a foreign partnership. ‘‘(2) CERTAIN FOREIGN PARTNERSHIPS REQUIRED TO FILE RETURN.—Except as provided in regulations prescribed by the Secretary, this section shall apply to a foreign partnership for any taxable year if for such year, such partnership has— ‘‘(A) gross income derived from sources within the United States, or ‘‘(B) gross income which is effectively connected with the conduct of a trade or business within the United States. The Secretary may provide simplified filing procedures for foreign partnerships to which this section applies.’’. (b) SANCTION FOR FAILURE BY FOREIGN PARTNERSHIP TO COMPLY WITH SECTION 6031 TO INCLUDE DENIAL OF DEDUCTIONS.— Subsection (f) of section 6231 is amended— (1) by striking ‘‘LOSSES AND’’ in the heading and inserting ‘‘DEDUCTIONS, LOSSES, AND’’, and (2) by striking ‘‘loss or’’ each place it appears and inserting ‘‘deduction, loss, or’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1142. CONTROLLED FOREIGN PARTNERSHIPS SUBJECT TO INFORMATION REPORTING COMPARABLE TO INFORMATION REPORTING FOR CONTROLLED FOREIGN CORPORATIONS.

(a) IN GENERAL.—So much of section 6038 (relating to information with respect to certain foreign corporations) as precedes paragraph (2) of subsection (a) is amended to read as follows:

201
‘‘SEC. 6038. INFORMATION REPORTING WITH RESPECT TO CERTAIN FOREIGN CORPORATIONS AND PARTNERSHIPS.

‘‘(a) REQUIREMENT.— ‘‘(1) IN GENERAL.—Every United States person shall furnish, with respect to any foreign business entity which such person controls, such information as the Secretary may prescribe relating to— ‘‘(A) the name, the principal place of business, and the nature of business of such entity, and the country under whose laws such entity is incorporated (or organized in the case of a partnership); ‘‘(B) in the case of a foreign corporation, its post-1986 undistributed earnings (as defined in section 902(c)); ‘‘(C) a balance sheet for such entity listing assets, liabilities, and capital; ‘‘(D) transactions between such entity and— ‘‘(i) such person, ‘‘(ii) any corporation or partnership which such person controls, and ‘‘(iii) any United States person owning, at the time the transaction takes place— ‘‘(I) in the case of a foreign corporation, 10 percent or more of the value of any class of stock outstanding of such corporation, and ‘‘(II) in the case of a foreign partnership, at least a 10-percent interest in such partnership; and ‘‘(E)(i) in the case of a foreign corporation, a description of the various classes of stock outstanding, and a list showing the name and address of, and number of shares held by, each United States person who is a shareholder of record owning at any time during the annual accounting period 5 percent or more in value of any class of stock outstanding of such foreign corporation, and ‘‘(ii) information comparable to the information described in clause (i) in the case of a foreign partnership. The Secretary may also require the furnishing of any other information which is similar or related in nature to that specified in the preceding sentence or which the Secretary determines to be appropriate to carry out the provisions of this title.’’. (b) DEFINITIONS.— (1) IN GENERAL.—Subsection (e) of section 6038 (relating to definitions) is amended— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively, (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ‘‘(1) FOREIGN BUSINESS ENTITY.—The term ‘foreign business entity’ means a foreign corporation and a foreign partnership.’’, and (C) by inserting after paragraph (2) (as so redesignated) the following new paragraph: ‘‘(3) PARTNERSHIP-RELATED DEFINITIONS.—

202 ‘‘(A) CONTROL.—A person is in control of a partnership if such person owns directly or indirectly more than a 50 percent interest in such partnership. ‘‘(B) 50-PERCENT INTEREST.—For purposes of subparagraph (A), a 50-percent interest in a partnership is— ‘‘(i) an interest equal to 50 percent of the capital interest, or 50 percent of the profits interest, in such partnership, or ‘‘(ii) to the extent provided in regulations, an interest to which 50 percent of the deductions or losses of such partnership are allocated. For purposes of the preceding sentence, rules similar to the rules of section 267(c) (other than paragraph (3)) shall apply. ‘‘(C) 10-PERCENT INTEREST.—A 10-percent interest in a partnership is an interest which would be described in subparagraph (B) if ‘10 percent’ were substituted for ‘50 percent’ each place it appears.’’. (2) CLERICAL AMENDMENT.—The paragraph heading for paragraph (2) of section 6038(e) (as so redesignated) is amended by inserting ‘‘OF CORPORATION’’ after ‘‘CONTROL’’. (c) MODIFICATION OF SANCTIONS ON PARTNERSHIPS AND CORPORATIONS FOR FAILURE TO FURNISH INFORMATION.— (1) IN GENERAL.—Subsection (b) of section 6038 is amended— (A) by striking ‘‘$1,000’’ each place it appears and inserting ‘‘$10,000’’, and (B) by striking ‘‘$24,000’’ in paragraph (2) and inserting ‘‘$50,000’’. (d) REPORTING BY 10-PERCENT PARTNERS.—Subsection (a) of section 6038 is amended by adding at the end the following new paragraph: ‘‘(5) INFORMATION REQUIRED FROM 10-PERCENT PARTNER OF CONTROLLED FOREIGN PARTNERSHIP.—In the case of a foreign partnership which is controlled by United States persons holding at least 10-percent interests (but not by any one United States person), the Secretary may require each United States person who holds a 10-percent interest in such partnership to furnish information relating to such partnership, including information relating to such partner’s ownership interests in the partnership and allocations to such partner of partnership items.’’. (e) TECHNICAL AMENDMENTS.— (1) The following provisions of section 6038 are each amended by striking ‘‘foreign corporation’’ each place it appears and inserting ‘‘foreign business entity’’: (A) Paragraphs (2) and (3) of subsection (a). (B) Subsection (b). (C) Subsection (c) other than paragraph (1)(B) thereof. (D) Subsection (d). (E) Subsection (e)(4) (as redesignated by subsection (b)).

203 (2) Subparagraph (B) of section 6038(c)(1) is amended by inserting ‘‘in the case of a foreign business entity which is a foreign corporation,’’ after ‘‘(B)’’. (3) Paragraph (8) of section 318(b) is amended by striking ‘‘6038(d)(1)’’ and inserting ‘‘6038(d)(2)’’. (4) Paragraph (4) of section 901(k) is amended by striking ‘‘foreign corporation’’ and inserting ‘‘foreign corporation or partnership’’. (5) The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by striking the item relating to section 6038 and inserting the following new item:
‘‘Sec. 6038. Information reporting with respect to certain foreign corporations and partnerships.’’.

(f) EFFECTIVE DATE.—The amendments made by this section shall apply to annual accounting periods beginning after the date of the enactment of this Act.
SEC. 1143. MODIFICATIONS RELATING TO RETURNS REQUIRED TO BE FILED BY REASON OF CHANGES IN OWNERSHIP INTERESTS IN FOREIGN PARTNERSHIP.

(a) NO RETURN REQUIRED UNLESS CHANGES INVOLVE 10-PERCENT INTEREST IN PARTNERSHIP.— (1) IN GENERAL.—Subsection (a) of section 6046A (relating to returns as to interests in foreign partnerships) is amended by adding at the end the following new sentence: ‘‘Paragraphs (1) and (2) shall apply to any acquisition or disposition only if the United States person directly or indirectly holds at least a 10percent interest in such partnership either before or after such acquisition or disposition, and paragraph (3) shall apply to any change only if the change is equivalent to at least a 10-percent interest in such partnership.’’. (2) 10-PERCENT INTEREST.—Section 6046A is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ‘‘(d) 10-PERCENT INTEREST.—For purposes of subsection (a), a 10-percent interest in a partnership is an interest described in section 6038(e)(3)(C).’’. (b) MODIFICATION OF PENALTY ON FAILURE TO REPORT CHANGES IN OWNERSHIP INTERESTS IN FOREIGN CORPORATIONS AND PARTNERSHIPS.—Subsection (a) of section 6679 (relating to failure to file returns, etc., with respect to foreign corporations or foreign partnerships) is amended to read as follows: ‘‘(a) CIVIL PENALTY.— ‘‘(1) IN GENERAL.—In addition to any criminal penalty provided by law, any person required to file a return under section 6035, 6046, or 6046A who fails to file such return at the time provided in such section, or who files a return which does not show the information required pursuant to such section, shall pay a penalty of $10,000, unless it is shown that such failure is due to reasonable cause. ‘‘(2) INCREASE IN PENALTY WHERE FAILURE CONTINUES AFTER NOTIFICATION.—If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the United States person, such person shall pay a penalty (in addition to the amount re-

204 quired under paragraph (1)) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. The increase in any penalty under this paragraph shall not exceed $50,000. ‘‘(3) REDUCED PENALTY FOR RETURNS RELATING TO FOREIGN PERSONAL HOLDING COMPANIES.—In the case of a return required under section 6035, paragraph (1) shall be applied by substituting ‘$1,000’ for ‘$10,000’, and paragraph (2) shall not apply.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to transfers and changes after the date of the enactment of this Act.
SEC. 1144. TRANSFERS OF PROPERTY TO FOREIGN PARTNERSHIPS SUBJECT TO INFORMATION REPORTING COMPARABLE TO INFORMATION REPORTING FOR SUCH TRANSFERS TO FOREIGN CORPORATIONS.

(a) IN GENERAL.—Paragraph (1) of section 6038B(a) (relating to notice of certain transfers to foreign corporations) is amended to read as follows: ‘‘(1) transfers property to— ‘‘(A) a foreign corporation in an exchange described in section 332, 351, 354, 355, 356, or 361, or ‘‘(B) a foreign partnership in a contribution described in section 721 or in any other contribution described in regulations prescribed by the Secretary,’’. (b) EXCEPTIONS.—Section 6038B is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection: ‘‘(b) EXCEPTIONS FOR CERTAIN TRANSFERS TO FOREIGN PARTNERSHIPS; SPECIAL RULE.— ‘‘(1) EXCEPTIONS.—Subsection (a)(1)(B) shall apply to a transfer by a United States person to a foreign partnership only if— ‘‘(A) the United States person holds (immediately after the transfer) directly or indirectly at least a 10-percent interest (as defined in section 6046A(d)) in the partnership, or ‘‘(B) the value of the property transferred (when added to the value of the property transferred by such person or any related person to such partnership or a related partnership during the 12-month period ending on the date of the transfer) exceeds $100,000. For purposes of the preceding sentence, the value of any transferred property is its fair market value at the time of its transfer. ‘‘(2) SPECIAL RULE.—If by reason of an adjustment under section 482 or otherwise, a contribution described in subsection (a)(1) is deemed to have been made, such contribution shall be treated for purposes of this section as having been made not earlier than the date specified by the Secretary.’’. (c) MODIFICATION OF PENALTY APPLICABLE TO FOREIGN CORPORATIONS AND PARTNERSHIPS.— (1) IN GENERAL.—Paragraph (1) of section 6038B(b) is amended by striking ‘‘equal to’’ and all that follows and insert-

205 ing ‘‘equal to 10 percent of the fair market value of the property at the time of the exchange (and, in the case of a contribution described in subsection (a)(1)(B), such person shall recognize gain as if the contributed property had been sold for such value at the time of such contribution).’’. (2) LIMIT ON PENALTY.—Section 6038B(b) is amended by adding at the end the following new paragraph: ‘‘(3) LIMIT ON PENALTY.—The penalty under paragraph (1) with respect to any exchange shall not exceed $100,000 unless the failure with respect to such exchange was due to intentional disregard.’’. (d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. (2) ELECTION OF RETROACTIVE EFFECT.—Section 1494(c) of the Internal Revenue Code of 1986 shall not apply to any transfer after August 20, 1996, if all applicable reporting requirements under section 6038B of such Code (as amended by this section) are satisfied. The Secretary of the Treasury or his delegate may prescribe simplified reporting requirements under the preceding sentence.
SEC. 1145. EXTENSION OF STATUTE OF LIMITATIONS FOR FOREIGN TRANSFERS.

(a) IN GENERAL.—Paragraph (8) of section 6501(c) (relating to failure to notify Secretary under section 6038B) is amended to read as follows: ‘‘(8) FAILURE TO NOTIFY SECRETARY OF CERTAIN FOREIGN TRANSFERS.—In the case of any information which is required to be reported to the Secretary under section 6038, 6038A, 6038B, 6046, 6046A, or 6048, the time for assessment of any tax imposed by this title with respect to any event or period to which such information relates shall not expire before the date which is 3 years after the date on which the Secretary is furnished the information required to be reported under such section.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to information the due date for the reporting of which is after the date of the enactment of this Act.
SEC. 1146. INCREASE IN FILING THRESHOLDS FOR RETURNS AS TO ORGANIZATION OF FOREIGN CORPORATIONS AND ACQUISITIONS OF STOCK IN SUCH CORPORATIONS.

(a) IN GENERAL.—Subsection (a) of section 6046 (relating to returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock) is amended to read as follows: ‘‘(a) REQUIREMENT OF RETURN.— ‘‘(1) IN GENERAL.—A return complying with the requirements of subsection (b) shall be made by— ‘‘(A) each United States citizen or resident who becomes an officer or director of a foreign corporation if a United States person (as defined in section 7701(a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation, ‘‘(B) each United States person—

206 ‘‘(i) who acquires stock which, when added to any stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, or ‘‘(ii) who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, ‘‘(C) each person (not described in subparagraph (B)) who is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and ‘‘(D) each person who becomes a United States person while meeting the stock ownership requirements of paragraph (2) with respect to stock of a foreign corporation. In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation. ‘‘(2) STOCK OWNERSHIP REQUIREMENTS.—A person meets the stock ownership requirements of this paragraph with respect to any corporation if such person owns 10 percent or more of— ‘‘(A) the total combined voting power of all classes of stock of such corporation entitled to vote, or ‘‘(B) the total value of the stock of such corporation.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on January 1, 1998.

Subtitle F—Determination of Foreign or Domestic Status of Partnerships
SEC. 1151. DETERMINATION OF FOREIGN OR DOMESTIC STATUS OF PARTNERSHIPS.

(a) IN GENERAL.—Paragraph (4) of section 7701(a) is amended by inserting before the period ‘‘unless, in the case of a partnership, the Secretary provides otherwise by regulations’’. (b) EFFECTIVE DATE.—Any regulations issued with respect to the amendment made by subsection (a) shall apply to partnerships created or organized after the date determined under section 7805(b) of the Internal Revenue Code of 1986 (without regard to paragraph (2) thereof) with respect to such regulations.

Subtitle G—Other Simplification Provisions
SEC. 1161. TRANSITION RULE FOR CERTAIN TRUSTS.

(a) IN GENERAL.—Paragraph (3) of section 1907(a) of the Small Business Job Protection Act of 1996 is amended by adding at the end the following flush sentence: ‘‘To the extent prescribed in regulations by the Secretary of the Treasury or his delegate, a trust which was in existence on August 20, 1996 (other than a trust treated as owned by the grant-

207 or under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986), and which was treated as a United States person on the day before the date of the enactment of this Act may elect to continue to be treated as a United States person notwithstanding section 7701(a)(30)(E) of such Code.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as if included in the amendments made by section 1907(a) of the Small Business Job Protection Act of 1996.
SEC. 1162. REPEAL OF STOCK AND SECURITIES SAFE HARBOR REQUIREMENT THAT PRINCIPAL OFFICE BE OUTSIDE THE UNITED STATES.

(a) IN GENERAL.—The last sentence of clause (ii) of section 864(b)(2)(A) (relating to stock or securities) is amended by striking ‘‘, or in the case of a corporation’’ and all that follows and inserting a period. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.
SEC. 1163. MISCELLANEOUS CLARIFICATIONS.

(a) ATTRIBUTION OF DEEMED PAID FOREIGN TAXES TO PRIOR DISTRIBUTIONS.—Subparagraph (B) of section 902(c)(2) is amended by striking ‘‘deemed paid with respect to’’ and inserting ‘‘attributable to’’. (b) FINANCIAL SERVICES INCOME DETERMINED WITHOUT REGARD TO HIGH-TAXED INCOME.—Subclause (II) of section 904(d)(2)(C)(i) is amended by striking ‘‘subclause (I)’’ and inserting ‘‘subclauses (I) and (III)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

Subtitle H—Other Provisions
SEC. 1171. TREATMENT OF COMPUTER SOFTWARE AS FSC EXPORT PROPERTY.

(a) IN GENERAL.—Subparagraph (B) of section 927(a)(2) (relating to property excluded from eligibility as FSC export property) is amended by inserting ‘‘, and other than computer software (whether or not patented)’’ before ‘‘, for commercial or home use’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to gross receipts attributable to periods after December 31, 1997, in taxable years ending after such date.
SEC. 1172. ADJUSTMENT OF DOLLAR LIMITATION ON SECTION 911 EXCLUSION.

(a) GENERAL RULE.—Paragraph (2) of section 911(b) is amended by— (1) by striking ‘‘of $70,000’’ in subparagraph (A) and inserting ‘‘equal to the exclusion amount for the calendar year in which such taxable year begins’’, and (2) by adding at the end the following new subparagraph: ‘‘(D) EXCLUSION AMOUNT.— ‘‘(i) IN GENERAL.—The exclusion amount for any calendar year is the exclusion amount determined in

208 accordance with the following table (as adjusted by clause (ii)):
‘‘For calendar year— 1998 ................................................................................................... 1999 ................................................................................................... 2000 ................................................................................................... 2001 ................................................................................................... 2002 and thereafter .......................................................................... The exclusion amount is— $72,000 74,000 76,000 78,000 80,000.

‘‘(ii) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2007, the $80,000 amount in clause (i) shall be increased by an amount equal to the product of— ‘‘(I) such dollar amount, and ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘2006’ for ‘1992’ in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1173. UNITED STATES PROPERTY NOT TO INCLUDE CERTAIN ASSETS ACQUIRED BY DEALERS IN ORDINARY COURSE OF TRADE OR BUSINESS.

(a) IN GENERAL.—Section 956(c)(2) is amended by striking ‘‘and’’ at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting a semicolon, and by adding at the end the following new subparagraphs: ‘‘(J) deposits of cash or securities made or received on commercial terms in the ordinary course of a United States or foreign person’s business as a dealer in securities or in commodities, but only to the extent such deposits are made or received as collateral or margin for (i) a securities loan, notional principal contract, options contract, forward contract, or futures contract, or (ii) any other financial transaction in which the Secretary determines that it is customary to post collateral or margin; and ‘‘(K) an obligation of a United States person to the extent the principal amount of the obligation does not exceed the fair market value of readily marketable securities sold or purchased pursuant to a sale and repurchase agreement or otherwise posted or received as collateral for the obligation in the ordinary course of its business by a United States or foreign person which is a dealer in securities or commodities. For purposes of subparagraphs (J) and (K), the term ‘dealer in securities’ has the meaning given such term by section 475(c)(1), and the term ‘dealer in commodities’ has the meaning given such term by section 475(e), except that such term shall include a futures commission merchant.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1997, and to taxable years of United States sharehold-

209 ers with or within which such taxable years of foreign corporations end.
SEC. 1174. TREATMENT OF NONRESIDENT ALIENS ENGAGED IN INTERNATIONAL TRANSPORTATION SERVICES.

(a) SOURCING RULES.— (1) IN GENERAL.—Section 861(a)(3) is amended by adding at the end the following new flush sentence: ‘‘In addition, except for purposes of sections 79 and 105 and subchapter D, compensation for labor or services performed in the United States shall not be deemed to be income from sources within the United States if the labor or services are performed by a nonresident alien individual in connection with the individual’s temporary presence in the United States as a regular member of the crew of a foreign vessel engaged in transportation between the United States and a foreign country or a possession of the United States.’’. (2) TRANSPORTATION INCOME.—Subparagraph (B) of section 863(c)(2) is amended by adding at the end the following flush sentence: ‘‘In the case of transportation income derived from, or in connection with, a vessel, this subparagraph shall only apply if the taxpayer is a citizen or resident alien.’’. (b) PRESENCE IN UNITED STATES.— (1) IN GENERAL.—Paragraph (7) of section 7701(b) is amended by adding at the end the following new subparagraph: ‘‘(D) CREW MEMBERS TEMPORARILY PRESENT.—An individual who is temporarily present in the United States on any day as a regular member of the crew of a foreign vessel engaged in transportation between the United States and a foreign country or a possession of the United States shall not be treated as present in the United States on such day unless such individual otherwise engages in any trade or business in the United States on such day.’’. (2) CONFORMING AMENDMENT.—Subparagraph (A) of section 7701(b)(7) is amended by striking ‘‘or (C)’’ and inserting ‘‘, (C), or (D)’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to remuneration for services performed in taxable years beginning after December 31, 1997. (2) PRESENCE.—The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1997.
SEC. 1175. EXEMPTION FOR ACTIVE FINANCING INCOME.

(a) EXEMPTION FROM FOREIGN PERSONAL HOLDING COMPANY INCOME.—Section 954 is amended by adding at the end the following new subsection: ‘‘(h) SPECIAL RULE FOR INCOME DERIVED IN THE ACTIVE CONDUCT OF BANKING, FINANCING, OR SIMILAR BUSINESSES.— ‘‘(1) IN GENERAL.—For purposes of subsection (c)(1), foreign personal holding company income shall not include income which is— ‘‘(A) derived in the active conduct by a controlled foreign corporation of a banking, financing, or similar busi-

210 ness, but only if the corporation is predominantly engaged in the active conduct of such business, ‘‘(B) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from the investments made by a qualifying insurance company of its reserves or of 80 percent of its unearned premiums (as both are determined in the manner prescribed under paragraph (4)), or ‘‘(C) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from investments made by a qualifying insurance company of an amount of its assets equal to— ‘‘(i) in the case of contracts regulated in the country in which sold as property, casualty, or health insurance contracts, one-third of its premiums earned on such insurance contracts during the taxable year (as defined in section 832(b)(4)), and ‘‘(ii) in the case of contracts regulated in the country in which sold as life insurance or annuity contracts, the greater of— ‘‘(I) 10 percent of the reserves described in subparagraph (B) for such contracts, or ‘‘(II) in the case of a qualifying insurance company which is a start-up company, $10,000,000. ‘‘(2) PRINCIPLES FOR DETERMINING APPLICABLE INCOME.— ‘‘(A) BANKING AND FINANCING INCOME.—The determination as to whether income is described in paragraph (1)(A) shall be made— ‘‘(i) except as provided in clause (ii), in accordance with the applicable principles of section 904(d)(2)(C)(ii), except that such income shall include income from all leases entered into in the ordinary course of the active conduct of a banking, financing, or similar business, and ‘‘(ii) in the case of a corporation described in paragraph (3)(B), in accordance with the applicable principles of section 1296(b) (as in effect on the day before the enactment of the Taxpayer Relief Act of 1997) for determining what is not passive income. ‘‘(B) INSURANCE INCOME.—Under rules prescribed by the Secretary, for purposes of paragraphs (1) (B) and (C)— ‘‘(i) in the case of contracts which are separate account-type contracts (including variable contracts not meeting the requirements of section 817), only income specifically allocable to such contracts shall be taken into account, and ‘‘(ii) in the case of other contracts, income not allocable under clause (i) shall be allocated ratably among such contracts. ‘‘(C) LOOK-THRU RULES.—The Secretary shall prescribe regulations consistent with the principles of section 904(d)(3) which provide that dividends, interest, income equivalent to interest, rents, or royalties received or accrued from a related person (within the meaning of subsection

211 (d)(3)) shall be subject to look-thru treatment for purposes of this subsection. ‘‘(3) PREDOMINANTLY ENGAGED.—For purposes of paragraph (1)(A), a corporation shall be deemed predominantly engaged in the active conduct of a banking, financing, or similar business only if— ‘‘(A) more than 70 percent of its gross income is derived from such business from transactions with persons which are not related persons (as defined in subsection (d)(3)) and which are located within the country under the laws of which the controlled foreign corporation is created or organized, or ‘‘(B) the corporation is— ‘‘(i) engaged in the active conduct of a banking or securities business (within the meaning of section 1296(b), as in effect before the enactment of the Taxpayer Relief Act of 1997), or ‘‘(ii) a qualified bank affiliate or a qualified securities affiliate (within the meaning of the proposed regulations under such section 1296(b)). ‘‘(4) METHODS FOR DETERMINING UNEARNED PREMIUMS AND RESERVES.—For purposes of paragraph (1)(B)— ‘‘(A) PROPERTY AND CASUALTY CONTRACTS.—The unearned premiums and reserves of a qualifying insurance company with respect to property, casualty, or health insurance contracts shall be determined using the same methods and interest rates which would be used if such company were subject to tax under subchapter L. ‘‘(B) LIFE INSURANCE AND ANNUITY CONTRACTS.—The reserves of a qualifying insurance company with respect to life insurance or annuity contracts shall be determined under the method described in paragraph (5) which such company elects to apply for purposes of this paragraph. Such election shall be made at such time and in such manner as the Secretary may prescribe and, once made, shall be irrevocable without the consent of the Secretary. ‘‘(C) LIMITATION ON RESERVES.—In no event shall the reserve determined under this paragraph for any contract as of any time exceed the amount which would be taken into account with respect to such contract as of such time in determining foreign annual statement reserves (less any catastrophe or deficiency reserves). ‘‘(5) METHODS.—The methods described in this paragraph are as follows: ‘‘(A) U.S. METHOD.—The method which would apply if the qualifying insurance company were subject to tax under subchapter L, except that the interest rate used shall be an interest rate determined for the foreign country in which such company is created or organized and which is calculated in the same manner as the Federal mid-term rate under section 1274(d). ‘‘(B) FOREIGN METHOD.—A preliminary term method, except that the interest rate used shall be the interest rate determined for the foreign country in which such company

212 is created or organized and which is calculated in the same manner as the Federal mid-term rate under section 1274(d). If a qualifying insurance company uses such a preliminary term method with respect to contracts insuring risks located in such foreign country, such method shall apply if such company elects the method under this clause. ‘‘(C) CASH SURRENDER VALUE.—A method under which reserves are equal to the net surrender value (as defined in section 807(e)(1)(A)) of the contract. ‘‘(6) DEFINITIONS.—For purposes of this subsection— ‘‘(A) TERMS RELATING TO INSURANCE COMPANIES.— ‘‘(i) QUALIFYING INSURANCE COMPANY.—The term ‘qualifying insurance company’ means any entity which— ‘‘(I) is subject to regulation as an insurance company under the laws of its country of incorporation, ‘‘(II) realizes at least 50 percent of its net written premiums from the insurance or reinsurance of risks located within the country in which such entity is created or organized, and ‘‘(III) is engaged in the active conduct of an insurance business and would be subject to tax under subchapter L if it were a domestic corporation. ‘‘(ii) START-UP COMPANY.—A qualifying insurance company shall be treated as a start-up company if such company (and any predecessor) has not been engaged in the active conduct of an insurance business for more than 5 years as of the beginning of the taxable year of such company. ‘‘(B) LOCATED.—For purposes of paragraph (3)(A)— ‘‘(i) IN GENERAL.—A person shall be treated as located— ‘‘(I) except as provided in subclause (II), within the country in which it maintains an office or other fixed place of business through which it engages in a trade or business and by which the transaction is effected, or ‘‘(II) in the case of a natural person, within the country in which such person is physically located when such person enters into a transaction. ‘‘(ii) SPECIAL RULE FOR QUALIFIED BUSINESS UNITS.—Gross income derived by a corporation’s qualified business unit (within the meaning of section 989(a)) from transactions with persons which are not related persons (as defined in subsection (d)(3)) and which are located in the country in which the qualified business unit both maintains its principal office and conducts substantial business activity shall be treated as derived from transactions with persons which are not related persons (as defined in subsection (d)(3)) and which are located within the country under the

213 laws of which the controlled foreign corporation is created or organized. ‘‘(7) ANTI-ABUSE RULES.—For purposes of applying this subsection, there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions one of the principal purposes of which is qualifying income or gain for the exclusion under this section, including any change in the method of computing reserves or any other transaction or series of transactions a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of such exclusion through the application of this subsection. ‘‘(8) COORDINATION WITH SECTION 953.—This subsection shall not apply to investment income allocable to contracts that insure related party risks or risks located in a foreign country other than the country in which the qualifying insurance comapny is created or organized. ‘‘(9) APPLICATION.—This subsection shall apply to the first full taxable year of a foreign corporation beginning after December 31, 1997, and before January 1, 1999, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends.’’. (b) EXEMPTION FROM FOREIGN BASE COMPANY SERVICES INCOME.—Paragraph (2) of section 954(e) is amended by striking ‘‘or’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, or’’, and by adding at the end the following: ‘‘(C) in the case of taxable years described in subsection (h)(8), the active conduct by a controlled foreign corporation of a banking, financing, insurance, or similar business, but only if the corporation is predominantly engaged in the active conduct of such business (within the meaning of subsection (h)(3)) or is a qualifying insurance company.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to the first full taxable year of a foreign corporation beginning after December 31, 1997, and before January 1, 1999, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends.

TITLE XII—SIMPLIFICATION PROVISIONS RELATING TO INDIVIDUALS AND BUSINESSES Subtitle A—Provisions Relating to Individuals
SEC. 1201. BASIC STANDARD DEDUCTION AND MINIMUM TAX EXEMPTION AMOUNT FOR CERTAIN DEPENDENTS.

(a) BASIC STANDARD DEDUCTION.— (1) IN GENERAL.—Paragraph (5) of section 63(c) (relating to limitation on basic standard deduction in the case of certain de-

214 pendents) is amended by striking ‘‘shall not exceed’’ and all that follows and inserting ‘‘shall not exceed the greater of— ‘‘(A) $500, or ‘‘(B) the sum of $250 and such individual’s earned income.’’. (2) CONFORMING AMENDMENT.—Paragraph (4) of section 63(c) is amended— (A) by striking ‘‘(5)(A)’’ in the material preceding subparagraph (A) and inserting ‘‘(5)’’, and (B) by striking ‘‘by substituting’’ and all that follows in subparagraph (B) and inserting ‘‘by substituting for ‘calendar year 1992’ in subparagraph (B) thereof— ‘‘(i) ‘calendar year 1987’ in the case of the dollar amounts contained in paragraph (2) or (5)(A) or subsection (f), and ‘‘(ii) ‘calendar year 1997’ in the case of the dollar amount contained in paragraph (5)(B).’’. (b) MINIMUM TAX EXEMPTION AMOUNT.— (1) IN GENERAL.—Subsection (j) of section 59 is amended to read as follows: ‘‘(j) TREATMENT OF UNEARNED INCOME OF MINOR CHILDREN.— ‘‘(1) IN GENERAL.—In the case of a child to whom section 1(g) applies, the exemption amount for purposes of section 55 shall not exceed the sum of— ‘‘(A) such child’s earned income (as defined in section 911(d)(2)) for the taxable year, plus ‘‘(B) $5,000. ‘‘(2) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 1998, the dollar amount in paragraph (1)(B) shall be increased by an amount equal to the product of— ‘‘(A) such dollar amount, and ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘1997’ for ‘1992’ in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.’’. (2) CONFORMING AMENDMENT.—Clause (iv) of section 6103(e)(1)(A) is amended by striking ‘‘or 59(j)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1202. INCREASE IN AMOUNT OF TAX EXEMPT FROM ESTIMATED TAX REQUIREMENTS.

(a) IN GENERAL.—Paragraph (1) of section 6654(e) (relating to exception where tax is small amount) is amended by striking ‘‘$500’’ and inserting ‘‘$1,000’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

215
SEC. 1203. TREATMENT OF CERTAIN REIMBURSED EXPENSES OF RURAL MAIL CARRIERS.

(a) IN GENERAL.—Section 162 (relating to trade or business expenses) is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ‘‘(o) TREATMENT OF CERTAIN REIMBURSED EXPENSES OF RURAL MAIL CARRIERS.— ‘‘(1) GENERAL RULE.—In the case of any employee of the United States Postal Service who performs services involving the collection and delivery of mail on a rural route and who receives qualified reimbursements for the expenses incurred by such employee for the use of a vehicle in performing such services— ‘‘(A) the amount allowable as a deduction under this chapter for the use of a vehicle in performing such services shall be equal to the amount of such qualified reimbursements; and ‘‘(B) such qualified reimbursements shall be treated as paid under a reimbursement or other expense allowance arrangement for purposes of section 62(a)(2)(A) (and section 62(c) shall not apply to such qualified reimbursements). ‘‘(2) DEFINITION OF QUALIFIED REIMBURSEMENTS.—For purposes of this subsection, the term ‘qualified reimbursements’ means the amounts paid by the United States Postal Service to employees as an equipment maintenance allowance under the 1991 collective bargaining agreement between the United States Postal Service and the National Rural Letter Carriers’ Association. Amounts paid as an equipment maintenance allowance by such Postal Service under later collective bargaining agreements that supersede the 1991 agreement shall be considered qualified reimbursements if such amounts do not exceed the amounts that would have been paid under the 1991 agreement, adjusted for changes in the Consumer Price Index (as defined in section 1(f)(5)) since 1991.’’. (b) TECHNICAL AMENDMENT.—Section 6008 of the Technical and Miscellaneous Revenue Act of 1988 is hereby repealed. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1204. TREATMENT OF TRAVELING EXPENSES OF CERTAIN FEDERAL EMPLOYEES ENGAGED IN CRIMINAL INVESTIGATIONS.

(a) IN GENERAL.—Subsection (a) of section 162 is amended by adding at the end the following new sentence: ‘‘The preceding sentence shall not apply to any Federal employee during any period for which such employee is certified by the Attorney General (or the designee thereof) as traveling on behalf of the United States in temporary duty status to investigate, or provide support services for the investigation of, a Federal crime.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to amounts paid or incurred with respect to taxable years ending after the date of the enactment of this Act.
SEC. 1205. PAYMENT OF TAX BY COMMERCIALLY ACCEPTABLE MEANS.

(a) GENERAL RULE.—Section 6311 is amended to read as follows:

216
‘‘SEC. 6311. PAYMENT OF TAX BY COMMERCIALLY ACCEPTABLE MEANS.

‘‘(a) AUTHORITY TO RECEIVE.—It shall be lawful for the Secretary to receive for internal revenue taxes (or in payment for internal revenue stamps) any commercially acceptable means that the Secretary deems appropriate to the extent and under the conditions provided in regulations prescribed by the Secretary. ‘‘(b) ULTIMATE LIABILITY.—If a check, money order, or other method of payment, including payment by credit card, debit card, or charge card so received is not duly paid, or is paid and subsequently charged back to the Secretary, the person by whom such check, or money order, or other method of payment has been tendered shall remain liable for the payment of the tax or for the stamps, and for all legal penalties and additions, to the same extent as if such check, money order, or other method of payment had not been tendered. ‘‘(c) LIABILITY OF BANKS AND OTHERS.—If any certified, treasurer’s, or cashier’s check (or other guaranteed draft), or any money order, or any other means of payment that has been guaranteed by a financial institution (such as a credit card, debit card, or charge card transaction which has been guaranteed expressly by a financial institution) so received is not duly paid, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for— ‘‘(1) the amount of such check (or draft) upon all assets of the financial institution on which drawn, ‘‘(2) the amount of such money order upon all the assets of the issuer thereof, or ‘‘(3) the guaranteed amount of any other transaction upon all the assets of the institution making such guarantee, and such amount shall be paid out of such assets in preference to any other claims whatsoever against such financial institution, issuer, or guaranteeing institution, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such financial institution. ‘‘(d) PAYMENT BY OTHER MEANS.— ‘‘(1) AUTHORITY TO PRESCRIBE REGULATIONS.—The Secretary shall prescribe such regulations as the Secretary deems necessary to receive payment by commercially acceptable means, including regulations that— ‘‘(A) specify which methods of payment by commercially acceptable means will be acceptable, ‘‘(B) specify when payment by such means will be considered received, ‘‘(C) identify types of nontax matters related to payment by such means that are to be resolved by persons ultimately liable for payment and financial intermediaries, without the involvement of the Secretary, and ‘‘(D) ensure that tax matters will be resolved by the Secretary, without the involvement of financial intermediaries. ‘‘(2) AUTHORITY TO ENTER INTO CONTRACTS.—Notwithstanding section 3718(f) of title 31, United States Code, the Secretary is authorized to enter into contracts to obtain services re-

217 lated to receiving payment by other means where cost beneficial to the Government. The Secretary may not pay any fee or provide any other consideration under such contracts. ‘‘(3) SPECIAL PROVISIONS FOR USE OF CREDIT CARDS.—If use of credit cards is accepted as a method of payment of taxes pursuant to subsection (a)— ‘‘(A) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a credit card shall not be subject to section 161 of the Truth in Lending Act (15 U.S.C. 1666), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the credit card account such as a computational error or numerical transposition in the credit card transaction or an issue as to whether the person authorized payment by use of the credit card, ‘‘(B) a payment of internal revenue taxes (or a payment for internal revenue stamps) shall not be subject to section 170 of the Truth in Lending Act (15 U.S.C. 1666i), or to any similar provisions of State law, ‘‘(C) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a debit card shall not be subject to section 908 of the Electronic Fund Transfer Act (15 U.S.C. 1693f), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the debit card account such as a computational error or numerical transposition in the debit card transaction or an issue as to whether the person authorized payment by use of the debit card, ‘‘(D) the term ‘creditor’ under section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) shall not include the Secretary with respect to credit card transactions in payment of internal revenue taxes (or payment for internal revenue stamps), and ‘‘(E) notwithstanding any other provision of law to the contrary, in the case of payment made by credit card or debit card transaction of an amount owed to a person as the result of the correction of an error under section 161 of the Truth in Lending Act (15 U.S.C. 1666) or section 908 of the Electronic Fund Transfer Act (15 U.S.C. 1693f), the Secretary is authorized to provide such amount to such person as a credit to that person’s credit card or debit card account through the applicable credit card or debit card system. ‘‘(e) CONFIDENTIALITY OF INFORMATION.— ‘‘(1) IN GENERAL.—Except as otherwise authorized by this subsection, no person may use or disclose any information relating to credit or debit card transactions obtained pursuant to section 6103(k)(8) other than for purposes directly related to the processing of such transactions, or the billing or collection of amounts charged or debited pursuant thereto. ‘‘(2) EXCEPTIONS.—

218 ‘‘(A) Debit or credit card issuers or others acting on behalf of such issuers may also use and disclose such information for purposes directly related to servicing an issuer’s accounts. ‘‘(B) Debit or credit card issuers or others directly involved in the processing of credit or debit card transactions or the billing or collection of amounts charged or debited thereto may also use and disclose such information for purposes directly related to— ‘‘(i) statistical risk and profitability assessment; ‘‘(ii) transferring receivables, accounts, or interest therein; ‘‘(iii) auditing the account information; ‘‘(iv) complying with Federal, State, or local law; and ‘‘(v) properly authorized civil, criminal, or regulatory investigation by Federal, State, or local authorities. ‘‘(3) PROCEDURES.—Use and disclosure of information under this paragraph shall be made only to the extent authorized by written procedures promulgated by the Secretary. ‘‘(4) CROSS REFERENCE.—
‘‘For provision providing for civil damages for violation of paragraph (1), see section 7431.’’.

(b) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 64 is amended by striking the item relating to section 6311 and inserting the following:
‘‘Sec. 6311. Payment of tax by commercially acceptable means.’’.

(c) AMENDMENTS TO SECTIONS 6103 AND 7431 WITH RESPECT DISCLOSURE AUTHORIZATION.— (1) Subsection (k) of section 6103 (relating to confidentiality and disclosure of returns and return information) is amended by adding at the end the following new paragraph: ‘‘(8) DISCLOSURE OF INFORMATION TO ADMINISTER SECTION 6311.—The Secretary may disclose returns or return information to financial institutions and others to the extent the Secretary deems necessary for the administration of section 6311. Disclosures of information for purposes other than to accept payments by checks or money orders shall be made only to the extent authorized by written procedures promulgated by the Secretary.’’. (2) Section 7431 (relating to civil damages for unauthorized disclosure of returns and return information) is amended by adding at the end the following new subsection: ‘‘(g) SPECIAL RULE FOR INFORMATION OBTAINED UNDER SECTION 6103(k)(8).—For purposes of this section, any reference to section 6103 shall be treated as including a reference to section 6311(e).’’. (3) Section 6103(p)(3)(A) is amended by striking ‘‘or (6)’’ and inserting ‘‘(6), or (8)’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the day 9 months after the date of the enactment of this Act.
TO

219

Subtitle B—Provisions Relating to Businesses Generally
SEC. 1211. MODIFICATIONS TO LOOK-BACK METHOD FOR LONG-TERM CONTRACTS.

(a) LOOK-BACK METHOD NOT TO APPLY IN CERTAIN CASES.— Subsection (b) of section 460 (relating to percentage of completion method) is amended by adding at the end the following new paragraph: ‘‘(6) ELECTION TO HAVE LOOK-BACK METHOD NOT APPLY IN DE MINIMIS CASES.— ‘‘(A) AMOUNTS TAKEN INTO ACCOUNT AFTER COMPLETION OF CONTRACT.—Paragraph (1)(B) shall not apply with respect to any taxable year (beginning after the taxable year in which the contract is completed) if— ‘‘(i) the cumulative taxable income (or loss) under the contract as of the close of such taxable year, is within ‘‘(ii) 10 percent of the cumulative look-back taxable income (or loss) under the contract as of the close of the most recent taxable year to which paragraph (1)(B) applied (or would have applied but for subparagraph (B)). ‘‘(B) DE MINIMIS DISCREPANCIES.—Paragraph (1)(B) shall not apply in any case to which it would otherwise apply if— ‘‘(i) the cumulative taxable income (or loss) under the contract as of the close of each prior contract year, is within ‘‘(ii) 10 percent of the cumulative look-back income (or loss) under the contract as of the close of such prior contract year. ‘‘(C) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) CONTRACT YEAR.—The term ‘contract year’ means any taxable year for which income is taken into account under the contract. ‘‘(ii) LOOK-BACK INCOME OR LOSS.—The look-back income (or loss) is the amount which would be the taxable income (or loss) under the contract if the allocation method set forth in paragraph (2)(A) were used in determining taxable income. ‘‘(iii) DISCOUNTING NOT APPLICABLE.—The amounts taken into account after the completion of the contract shall be determined without regard to any discounting under the 2nd sentence of paragraph (2). ‘‘(D) CONTRACTS TO WHICH PARAGRAPH APPLIES.—This paragraph shall only apply if the taxpayer makes an election under this subparagraph. Unless revoked with the consent of the Secretary, such an election shall apply to all long-term contracts completed during the taxable year for which election is made or during any subsequent taxable year.’’. (b) MODIFICATION OF INTEREST RATE.—

220 (1) IN GENERAL.—Subparagraph (C) of section 460(b)(2) is amended by striking ‘‘the overpayment rate established by section 6621’’ and inserting ‘‘the adjusted overpayment rate (as defined in paragraph (7))’’. (2) ADJUSTED OVERPAYMENT RATE.—Subsection (b) of section 460 is amended by adding at the end the following new paragraph: ‘‘(7) ADJUSTED OVERPAYMENT RATE.— ‘‘(A) IN GENERAL.—The adjusted overpayment rate for any interest accrual period is the overpayment rate in effect under section 6621 for the calendar quarter in which such interest accrual period begins. ‘‘(B) INTEREST ACCRUAL PERIOD.—For purposes of subparagraph (A), the term ‘interest accrual period’ means the period— ‘‘(i) beginning on the day after the return due date for any taxable year of the taxpayer, and ‘‘(ii) ending on the return due date for the following taxable year. For purposes of the preceding sentence, the term ‘return due date’ means the date prescribed for filing the return of the tax imposed by this chapter (determined without regard to extensions).’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to contracts completed in taxable years ending after the date of the enactment of this Act. (2) SUBSECTION (b).—The amendments made by subsection (b) shall apply for purposes of section 167(g) of the Internal Revenue Code of 1986 to property placed in service after September 13, 1995.
SEC. 1212. MINIMUM TAX TREATMENT OF CERTAIN PROPERTY AND CASUALTY INSURANCE COMPANIES.

(a) IN GENERAL.—Clause (i) of section 56(g)(4)(B) (relating to inclusion of items included for purposes of computing earnings and profits) is amended by adding at the end the following new sentence: ‘‘In the case of any insurance company taxable under section 831(b), this clause shall not apply to any amount not described in section 834(b).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1997.
SEC. 1213. QUALIFIED LESSEE CONSTRUCTION ALLOWANCES FOR SHORT-TERM LEASES.

(a) IN GENERAL.—Part III of subchapter B of chapter 1 is amended by inserting after section 109 the following new section:
‘‘SEC. 110. QUALIFIED LESSEE CONSTRUCTION ALLOWANCES FOR SHORT-TERM LEASES.

‘‘(a) IN GENERAL.—Gross income of a lessee does not include any amount received in cash (or treated as a rent reduction) by a lessee from a lessor— ‘‘(1) under a short-term lease of retail space, and

221 ‘‘(2) for the purpose of such lessee’s constructing or improving qualified long-term real property for use in such lessee’s trade or business at such retail space, but only to the extent that such amount does not exceed the amount expended by the lessee for such construction or improvement. ‘‘(b) CONSISTENT TREATMENT BY LESSOR.—Qualified long-term real property constructed or improved in connection with any amount excluded from a lessee’s income by reason of subsection (a) shall be treated as nonresidential real property of the lessor (including for purposes of section 168(i)(8)(B)). ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) QUALIFIED LONG-TERM REAL PROPERTY.—The term ‘qualified long-term real property’ means nonresidential real property which is part of, or otherwise present at, the retail space referred to in subsection (a) and which reverts to the lessor at the termination of the lease. ‘‘(2) SHORT-TERM LEASE.—The term ‘short-term lease’ means a lease (or other agreement for occupancy or use) of retail space for 15 years or less (as determined under the rules of section 168(i)(3)). ‘‘(3) RETAIL SPACE.—The term ‘retail space’ means real property leased, occupied, or otherwise used by a lessee in its trade or business of selling tangible personal property or services to the general public. ‘‘(d) INFORMATION REQUIRED TO BE FURNISHED TO SECRETARY.—Under regulations, the lessee and lessor described in subsection (a) shall, at such times and in such manner as may be provided in such regulations, furnish to the Secretary— ‘‘(1) information concerning the amounts received (or treated as a rent reduction) and expended as described in subsection (a), and ‘‘(2) any other information which the Secretary deems necessary to carry out the provisions of this section.’’. (b) TREATMENT AS INFORMATION RETURN.—Subparagraph (A) of section 6724(d)(1)(A) is amended by striking ‘‘or’’ at the end of clause (vii), by adding ‘‘or’’ at the end of clause (viii), and by adding at the end the following new clause: ‘‘(ix) section 110(d) (relating to qualified lessee construction allowances for short-term leases),’’. (c) CROSS REFERENCE.—Paragraph (8) of section 168(i) (relating to treatment of leasehold improvements) is amended by adding at the end the following new subparagraph: ‘‘(C) CROSS REFERENCE.—
‘‘For treatment of qualified long-term real property constructed or improved in connection with cash or rent reduction from lessor to lessee, see section 110(b).’’.

(d) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 is amended by inserting after the item relating to section 109 the following new item:
‘‘Sec. 110. Qualified lessee construction allowances for short-term leases.’’.

222 (e) EFFECTIVE DATE.—The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act.

Subtitle C—Simplification Relating to Electing Large Partnerships
PART I—GENERAL PROVISIONS
SEC. 1221. SIMPLIFIED FLOW-THROUGH FOR ELECTING LARGE PARTNERSHIPS.

(a) GENERAL RULE.—Subchapter K (relating to partners and partnerships) is amended by adding at the end the following new part:

‘‘PART IV—SPECIAL RULES FOR ELECTING LARGE PARTNERSHIPS
‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 771. Application of subchapter to electing large partnerships. 772. Simplified flow-through. 773. Computations at partnership level. 774. Other modifications. 775. Electing large partnership defined. 776. Special rules for partnerships holding oil and gas properties. ‘‘Sec. 777. Regulations. ‘‘SEC. 771. APPLICATION OF SUBCHAPTER TO ELECTING LARGE PARTNERSHIPS.

‘‘The preceding provisions of this subchapter to the extent inconsistent with the provisions of this part shall not apply to an electing large partnership and its partners.
‘‘SEC. 772. SIMPLIFIED FLOW-THROUGH.

‘‘(a) GENERAL RULE.—In determining the income tax of a partner of an electing large partnership, such partner shall take into account separately such partner’s distributive share of the partnership’s— ‘‘(1) taxable income or loss from passive loss limitation activities, ‘‘(2) taxable income or loss from other activities, ‘‘(3) net capital gain (or net capital loss)— ‘‘(A) to the extent allocable to passive loss limitation activities, and ‘‘(B) to the extent allocable to other activities, ‘‘(4) tax-exempt interest, ‘‘(5) applicable net AMT adjustment separately computed for— ‘‘(A) passive loss limitation activities, and ‘‘(B) other activities, ‘‘(6) general credits, ‘‘(7) low-income housing credit determined under section 42, ‘‘(8) rehabilitation credit determined under section 47, ‘‘(9) foreign income taxes, ‘‘(10) the credit allowable under section 29, and

223 ‘‘(11) other items to the extent that the Secretary determines that the separate treatment of such items is appropriate. ‘‘(b) SEPARATE COMPUTATIONS.—In determining the amounts required under subsection (a) to be separately taken into account by any partner, this section and section 773 shall be applied separately with respect to such partner by taking into account such partner’s distributive share of the items of income, gain, loss, deduction, or credit of the partnership. ‘‘(c) TREATMENT AT PARTNER LEVEL.— ‘‘(1) IN GENERAL.—Except as provided in this subsection, rules similar to the rules of section 702(b) shall apply to any partner’s distributive share of the amounts referred to in subsection (a). ‘‘(2) INCOME OR LOSS FROM PASSIVE LOSS LIMITATION ACTIVITIES.—For purposes of this chapter, any partner’s distributive share of any income or loss described in subsection (a)(1) shall be treated as an item of income or loss (as the case may be) from the conduct of a trade or business which is a single passive activity (as defined in section 469). A similar rule shall apply to a partner’s distributive share of amounts referred to in paragraphs (3)(A) and (5)(A) of subsection (a). ‘‘(3) INCOME OR LOSS FROM OTHER ACTIVITIES.— ‘‘(A) IN GENERAL.—For purposes of this chapter, any partner’s distributive share of any income or loss described in subsection (a)(2) shall be treated as an item of income or expense (as the case may be) with respect to property held for investment. ‘‘(B) DEDUCTIONS FOR LOSS NOT SUBJECT TO SECTION 67.—The deduction under section 212 for any loss described in subparagraph (A) shall not be treated as a miscellaneous itemized deduction for purposes of section 67. ‘‘(4) TREATMENT OF NET CAPITAL GAIN OR LOSS.—For purposes of this chapter, any partner’s distributive share of any gain or loss described in subsection (a)(3) shall be treated as a long-term capital gain or loss, as the case may be. ‘‘(5) MINIMUM TAX TREATMENT.—In determining the alternative minimum taxable income of any partner, such partner’s distributive share of any applicable net AMT adjustment shall be taken into account in lieu of making the separate adjustments provided in sections 56, 57, and 58 with respect to the items of the partnership. Except as provided in regulations, the applicable net AMT adjustment shall be treated, for purposes of section 53, as an adjustment or item of tax preference not specified in section 53(d)(1)(B)(ii). ‘‘(6) GENERAL CREDITS.—A partner’s distributive share of the amount referred to in paragraph (6) of subsection (a) shall be taken into account as a current year business credit. ‘‘(d) OPERATING RULES.—For purposes of this section— ‘‘(1) PASSIVE LOSS LIMITATION ACTIVITY.—The term ‘passive loss limitation activity’ means— ‘‘(A) any activity which involves the conduct of a trade or business, and ‘‘(B) any rental activity.

224 For purposes of the preceding sentence, the term ‘trade or business’ includes any activity treated as a trade or business under paragraph (5) or (6) of section 469(c). ‘‘(2) TAX-EXEMPT INTEREST.—The term ‘tax-exempt interest’ means interest excludable from gross income under section 103. ‘‘(3) APPLICABLE NET AMT ADJUSTMENT.— ‘‘(A) IN GENERAL.—The applicable net AMT adjustment is— ‘‘(i) with respect to taxpayers other than corporations, the net adjustment determined by using the adjustments applicable to individuals, and ‘‘(ii) with respect to corporations, the net adjustment determined by using the adjustments applicable to corporations. ‘‘(B) NET ADJUSTMENT.—The term ‘net adjustment’ means the net adjustment in the items attributable to passive loss activities or other activities (as the case may be) which would result if such items were determined with the adjustments of sections 56, 57, and 58. ‘‘(4) TREATMENT OF CERTAIN SEPARATELY STATED ITEMS.— ‘‘(A) EXCLUSION FOR CERTAIN PURPOSES.—In determining the amounts referred to in paragraphs (1) and (2) of subsection (a), any net capital gain or net capital loss (as the case may be), and any item referred to in subsection (a)(11), shall be excluded. ‘‘(B) ALLOCATION RULES.—The net capital gain shall be treated— ‘‘(i) as allocable to passive loss limitation activities to the extent the net capital gain does not exceed the net capital gain determined by only taking into account gains and losses from sales and exchanges of property used in connection with such activities, and ‘‘(ii) as allocable to other activities to the extent such gain exceeds the amount allocated under clause (i). A similar rule shall apply for purposes of allocating any net capital loss. ‘‘(C) NET CAPITAL LOSS.—The term ‘net capital loss’ means the excess of the losses from sales or exchanges of capital assets over the gains from sales or exchange of capital assets. ‘‘(5) GENERAL CREDITS.—The term ‘general credits’ means any credit other than the low-income housing credit, the rehabilitation credit, the foreign tax credit, and the credit allowable under section 29. ‘‘(6) FOREIGN INCOME TAXES.—The term ‘foreign income taxes’ means taxes described in section 901 which are paid or accrued to foreign countries and to possessions of the United States. ‘‘(e) SPECIAL RULE FOR UNRELATED BUSINESS TAX.—In the case of a partner which is an organization subject to tax under section 511, such partner’s distributive share of any items shall be taken into account separately to the extent necessary to comply with the provisions of section 512(c)(1).

225 ‘‘(f) SPECIAL RULES FOR APPLYING PASSIVE LOSS LIMITAany person holds an interest in an electing large partnership other than as a limited partner— ‘‘(1) paragraph (2) of subsection (c) shall not apply to such partner, and ‘‘(2) such partner’s distributive share of the partnership items allocable to passive loss limitation activities shall be taken into account separately to the extent necessary to comply with the provisions of section 469. The preceding sentence shall not apply to any items allocable to an interest held as a limited partner.
TIONS.—If

‘‘SEC. 773. COMPUTATIONS AT PARTNERSHIP LEVEL.

‘‘(a) GENERAL RULE.— ‘‘(1) TAXABLE INCOME.—The taxable income of an electing large partnership shall be computed in the same manner as in the case of an individual except that— ‘‘(A) the items described in section 772(a) shall be separately stated, and ‘‘(B) the modifications of subsection (b) shall apply. ‘‘(2) ELECTIONS.—All elections affecting the computation of the taxable income of an electing large partnership or the computation of any credit of an electing large partnership shall be made by the partnership; except that the election under section 901, and any election under section 108, shall be made by each partner separately. ‘‘(3) LIMITATIONS, ETC.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), all limitations and other provisions affecting the computation of the taxable income of an electing large partnership or the computation of any credit of an electing large partnership shall be applied at the partnership level (and not at the partner level). ‘‘(B) CERTAIN LIMITATIONS APPLIED AT PARTNER LEVEL.—The following provisions shall be applied at the partner level (and not at the partnership level): ‘‘(i) Section 68 (relating to overall limitation on itemized deductions). ‘‘(ii) Sections 49 and 465 (relating to at risk limitations). ‘‘(iii) Section 469 (relating to limitation on passive activity losses and credits). ‘‘(iv) Any other provision specified in regulations. ‘‘(4) COORDINATION WITH OTHER PROVISIONS.—Paragraphs (2) and (3) shall apply notwithstanding any other provision of this chapter other than this part. ‘‘(b) MODIFICATIONS TO DETERMINATION OF TAXABLE INCOME.— In determining the taxable income of an electing large partnership— ‘‘(1) CERTAIN DEDUCTIONS NOT ALLOWED.—The following deductions shall not be allowed: ‘‘(A) The deduction for personal exemptions provided in section 151. ‘‘(B) The net operating loss deduction provided in section 172.

226 ‘‘(C) The additional itemized deductions for individuals provided in part VII of subchapter B (other than section 212 thereof). ‘‘(2) CHARITABLE DEDUCTIONS.—In determining the amount allowable under section 170, the limitation of section 170(b)(2) shall apply. ‘‘(3) COORDINATION WITH SECTION 67.—In lieu of applying section 67, 70 percent of the amount of the miscellaneous itemized deductions shall be disallowed. ‘‘(c) SPECIAL RULES FOR INCOME FROM DISCHARGE OF INDEBTEDNESS.—If an electing large partnership has income from the discharge of any indebtedness— ‘‘(1) such income shall be excluded in determining the amounts referred to in section 772(a), and ‘‘(2) in determining the income tax of any partner of such partnership— ‘‘(A) such income shall be treated as an item required to be separately taken into account under section 772(a), and ‘‘(B) the provisions of section 108 shall be applied without regard to this part.
‘‘SEC. 774. OTHER MODIFICATIONS.

‘‘(a) TREATMENT OF CERTAIN OPTIONAL ADJUSTMENTS, ETC.— In the case of an electing large partnership— ‘‘(1) computations under section 773 shall be made without regard to any adjustment under section 743(b) or 108(b), but ‘‘(2) a partner’s distributive share of any amount referred to in section 772(a) shall be appropriately adjusted to take into account any adjustment under section 743(b) or 108(b) with respect to such partner. ‘‘(b) CREDIT RECAPTURE DETERMINED AT PARTNERSHIP LEVEL.— ‘‘(1) IN GENERAL.—In the case of an electing large partnership— ‘‘(A) any credit recapture shall be taken into account by the partnership, and ‘‘(B) the amount of such recapture shall be determined as if the credit with respect to which the recapture is made had been fully utilized to reduce tax. ‘‘(2) METHOD OF TAKING RECAPTURE INTO ACCOUNT.—An electing large partnership shall take into account a credit recapture by reducing the amount of the appropriate current year credit to the extent thereof, and if such recapture exceeds the amount of such current year credit, the partnership shall be liable to pay such excess. ‘‘(3) DISPOSITIONS NOT TO TRIGGER RECAPTURE.—No credit recapture shall be required by reason of any transfer of an interest in an electing large partnership. ‘‘(4) CREDIT RECAPTURE.—For purposes of this subsection, the term ‘credit recapture’ means any increase in tax under section 42(j) or 50(a). ‘‘(c) PARTNERSHIP NOT TERMINATED BY REASON OF CHANGE IN OWNERSHIP.—Subparagraph (B) of section 708(b)(1) shall not apply to an electing large partnership.

227 ‘‘(d) PARTNERSHIP ENTITLED TO CERTAIN CREDITS.—The following shall be allowed to an electing large partnership and shall not be taken into account by the partners of such partnership: ‘‘(1) The credit provided by section 34. ‘‘(2) Any credit or refund under section 852(b)(3)(D). ‘‘(e) TREATMENT OF REMIC RESIDUALS.—For purposes of applying section 860E(e)(6) to any electing large partnership— ‘‘(1) all interests in such partnership shall be treated as held by disqualified organizations, ‘‘(2) in lieu of applying subparagraph (C) of section 860E(e)(6), the amount subject to tax under section 860E(e)(6) shall be excluded from the gross income of such partnership, and ‘‘(3) subparagraph (D) of section 860E(e)(6) shall not apply. ‘‘(f) SPECIAL RULES FOR APPLYING CERTAIN INSTALLMENT SALE RULES.—In the case of an electing large partnership— ‘‘(1) the provisions of sections 453(l)(3) and 453A shall be applied at the partnership level, and ‘‘(2) in determining the amount of interest payable under such sections, such partnership shall be treated as subject to tax under this chapter at the highest rate of tax in effect under section 1 or 11.
‘‘SEC. 775. ELECTING LARGE PARTNERSHIP DEFINED.

‘‘(a) GENERAL RULE.—For purposes of this part— ‘‘(1) IN GENERAL.—The term ‘electing large partnership’ means, with respect to any partnership taxable year, any partnership if— ‘‘(A) the number of persons who were partners in such partnership in the preceding partnership taxable year equaled or exceeded 100, and ‘‘(B) such partnership elects the application of this part. To the extent provided in regulations, a partnership shall cease to be treated as an electing large partnership for any partnership taxable year if in such taxable year fewer than 100 persons were partners in such partnership. ‘‘(2) ELECTION.—The election under this subsection shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ‘‘(b) SPECIAL RULES FOR CERTAIN SERVICE PARTNERSHIPS.— ‘‘(1) CERTAIN PARTNERS NOT COUNTED.—For purposes of this section, the term ‘partner’ does not include any individual performing substantial services in connection with the activities of the partnership and holding an interest in such partnership, or an individual who formerly performed substantial services in connection with such activities and who held an interest in such partnership at the time the individual performed such services. ‘‘(2) EXCLUSION.—For purposes of this part, an election under subsection (a) shall not be effective with respect to any partnership if substantially all the partners of such partnership— ‘‘(A) are individuals performing substantial services in connection with the activities of such partnership or are

228 personal service corporations (as defined in section 269A(b)) the owner-employees (as defined in section 269A(b)) of which perform such substantial services, ‘‘(B) are retired partners who had performed such substantial services, or ‘‘(C) are spouses of partners who are performing (or had previously performed) such substantial services. ‘‘(3) SPECIAL RULE FOR LOWER TIER PARTNERSHIPS.—For purposes of this subsection, the activities of a partnership shall include the activities of any other partnership in which the partnership owns directly an interest in the capital and profits of at least 80 percent. ‘‘(c) EXCLUSION OF COMMODITY POOLS.—For purposes of this part, an election under subsection (a) shall not be effective with respect to any partnership the principal activity of which is the buying and selling of commodities (not described in section 1221(1)), or options, futures, or forwards with respect to such commodities. ‘‘(d) SECRETARY MAY RELY ON TREATMENT ON RETURN.—If, on the partnership return of any partnership, such partnership is treated as an electing large partnership, such treatment shall be binding on such partnership and all partners of such partnership but not on the Secretary.
‘‘SEC. 776. SPECIAL RULES FOR PARTNERSHIPS HOLDING OIL AND GAS PROPERTIES.

‘‘(a) COMPUTATION OF PERCENTAGE DEPLETION.—In the case of an electing large partnership, except as provided in subsection (b)— ‘‘(1) the allowance for depletion under section 611 with respect to any partnership oil or gas property shall be computed at the partnership level without regard to any provision of section 613A requiring such allowance to be computed separately by each partner, ‘‘(2) such allowance shall be determined without regard to the provisions of section 613A(c) limiting the amount of production for which percentage depletion is allowable and without regard to paragraph (1) of section 613A(d), and ‘‘(3) paragraph (3) of section 705(a) shall not apply. ‘‘(b) TREATMENT OF CERTAIN PARTNERS.— ‘‘(1) IN GENERAL.—In the case of a disqualified person, the treatment under this chapter of such person’s distributive share of any item of income, gain, loss, deduction, or credit attributable to any partnership oil or gas property shall be determined without regard to this part. Such person’s distributive share of any such items shall be excluded for purposes of making determinations under sections 772 and 773. ‘‘(2) DISQUALIFIED PERSON.—For purposes of paragraph (1), the term ‘disqualified person’ means, with respect to any partnership taxable year— ‘‘(A) any person referred to in paragraph (2) or (4) of section 613A(d) for such person’s taxable year in which such partnership taxable year ends, and ‘‘(B) any other person if such person’s average daily production of domestic crude oil and natural gas for such person’s taxable year in which such partnership taxable year ends exceeds 500 barrels.

229 ‘‘(3) AVERAGE DAILY PRODUCTION.—For purposes of paragraph (2), a person’s average daily production of domestic crude oil and natural gas for any taxable year shall be computed as provided in section 613A(c)(2)— ‘‘(A) by taking into account all production of domestic crude oil and natural gas (including such person’s proportionate share of any production of a partnership), ‘‘(B) by treating 6,000 cubic feet of natural gas as a barrel of crude oil, and ‘‘(C) by treating as 1 person all persons treated as 1 taxpayer under section 613A(c)(8) or among whom allocations are required under such section.
‘‘SEC. 777. REGULATIONS.

‘‘The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this part.’’. (b) CLERICAL AMENDMENT.—The table of parts for subchapter K of chapter 1 is amended by adding at the end the following new item:
‘‘Part IV. Special rules for electing large partnerships.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to partnership taxable years beginning after December 31, 1997.
SEC. 1222. SIMPLIFIED AUDIT PROCEDURES FOR ELECTING LARGE PARTNERSHIPS.

(a) GENERAL RULE.—Chapter 63 is amended by adding at the end thereof the following new subchapter: ‘‘Subchapter D—Treatment of electing large partnerships
‘‘Part I. Treatment of partnership items and adjustments. ‘‘Part II. Partnership level adjustments. ‘‘Part III. Definitions and special rules.

‘‘PART I—TREATMENT OF PARTNERSHIP ITEMS AND ADJUSTMENTS
‘‘Sec. 6240. Application of subchapter. ‘‘Sec. 6241. Partner’s return must be consistent with partnership return. ‘‘Sec. 6242. Procedures for taking partnership adjustments into account. ‘‘SEC. 6240. APPLICATION OF SUBCHAPTER.

‘‘(a) GENERAL RULE.—This subchapter shall only apply to electing large partnerships and partners in such partnerships. ‘‘(b) COORDINATION WITH OTHER PARTNERSHIP AUDIT PROCEDURES.— ‘‘(1) IN GENERAL.—Subchapter C of this chapter shall not apply to any electing large partnership other than in its capacity as a partner in another partnership which is not an electing large partnership. ‘‘(2) TREATMENT WHERE PARTNER IN OTHER PARTNERSHIP.— If an electing large partnership is a partner in another partnership which is not an electing large partnership—

230 ‘‘(A) subchapter C of this chapter shall apply to items of such electing large partnership which are partnership items with respect to such other partnership, but ‘‘(B) any adjustment under such subchapter C shall be taken into account in the manner provided by section 6242.
‘‘SEC. 6241. PARTNER’S RETURN MUST BE CONSISTENT WITH PARTNERSHIP RETURN.

‘‘(a) GENERAL RULE.—A partner of any electing large partnership shall, on the partner’s return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. ‘‘(b) UNDERPAYMENT DUE TO INCONSISTENT TREATMENT ASSESSED AS MATH ERROR.—Any underpayment of tax by a partner by reason of failing to comply with the requirements of subsection (a) shall be assessed and collected in the same manner as if such underpayment were on account of a mathematical or clerical error appearing on the partner’s return. Paragraph (2) of section 6213(b) shall not apply to any assessment of an underpayment referred to in the preceding sentence. ‘‘(c) ADJUSTMENTS NOT TO AFFECT PRIOR YEAR OF PARTNERS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall apply without regard to any adjustment to the partnership item under part II. ‘‘(2) CERTAIN CHANGES IN DISTRIBUTIVE SHARE TAKEN INTO ACCOUNT BY PARTNER.— ‘‘(A) IN GENERAL.—To the extent that any adjustment under part II involves a change under section 704 in a partner’s distributive share of the amount of any partnership item shown on the partnership return, such adjustment shall be taken into account in applying this title to such partner for the partner’s taxable year for which such item was required to be taken into account. ‘‘(B) COORDINATION WITH DEFICIENCY PROCEDURES.— ‘‘(i) IN GENERAL.—Subchapter B shall not apply to the assessment or collection of any underpayment of tax attributable to an adjustment referred to in subparagraph (A). ‘‘(ii) ADJUSTMENT NOT PRECLUDED.—Notwithstanding any other law or rule of law, nothing in subchapter B (or in any proceeding under subchapter B) shall preclude the assessment or collection of any underpayment of tax (or the allowance of any credit or refund of any overpayment of tax) attributable to an adjustment referred to in subparagraph (A) and such assessment or collection or allowance (or any notice thereof) shall not preclude any notice, proceeding, or determination under subchapter B. ‘‘(C) PERIOD OF LIMITATIONS.—The period for— ‘‘(i) assessing any underpayment of tax, or ‘‘(ii) filing a claim for credit or refund of any overpayment of tax, attributable to an adjustment referred to in subparagraph (A) shall not expire before the close of the period prescribed

231 by section 6248 for making adjustments with respect to the partnership taxable year involved. ‘‘(D) TIERED STRUCTURES.—If the partner referred to in subparagraph (A) is another partnership or an S corporation, the rules of this paragraph shall also apply to persons holding interests in such partnership or S corporation (as the case may be); except that, if such partner is an electing large partnership, the adjustment referred to in subparagraph (A) shall be taken into account in the manner provided by section 6242. ‘‘(d) ADDITION TO TAX FOR FAILURE TO COMPLY WITH SECTION.—
‘‘For addition to tax in case of partner’s disregard of requirements of this section, see part II of subchapter A of chapter 68. ‘‘SEC. 6242. PROCEDURES FOR TAKING PARTNERSHIP ADJUSTMENTS INTO ACCOUNT.

‘‘(a) ADJUSTMENTS FLOW THROUGH TO PARTNERS FOR YEAR IN WHICH ADJUSTMENT TAKES EFFECT.— ‘‘(1) IN GENERAL.—If any partnership adjustment with respect to any partnership item takes effect (within the meaning of subsection (d)(2)) during any partnership taxable year and if an election under paragraph (2) does not apply to such adjustment, such adjustment shall be taken into account in determining the amount of such item for the partnership taxable year in which such adjustment takes effect. In applying this title to any person who is (directly or indirectly) a partner in such partnership during such partnership taxable year, such adjustment shall be treated as an item actually arising during such taxable year. ‘‘(2) PARTNERSHIP LIABLE IN CERTAIN CASES.—If— ‘‘(A) a partnership elects under this paragraph to not take an adjustment into account under paragraph (1), ‘‘(B) a partnership does not make such an election but in filing its return for any partnership taxable year fails to take fully into account any partnership adjustment as required under paragraph (1), or ‘‘(C) any partnership adjustment involves a reduction in a credit which exceeds the amount of such credit determined for the partnership taxable year in which the adjustment takes effect, the partnership shall pay to the Secretary an amount determined by applying the rules of subsection (b)(4) to the adjustments not so taken into account and any excess referred to in subparagraph (C). ‘‘(3) OFFSETTING ADJUSTMENTS TAKEN INTO ACCOUNT.—If a partnership adjustment requires another adjustment in a taxable year after the adjusted year and before the partnership taxable year in which such partnership adjustment takes effect, such other adjustment shall be taken into account under this subsection for the partnership taxable year in which such partnership adjustment takes effect. ‘‘(4) COORDINATION WITH PART II.—Amounts taken into account under this subsection for any partnership taxable year shall continue to be treated as adjustments for the adjusted

232 year for purposes of determining whether such amounts may be readjusted under part II. ‘‘(b) PARTNERSHIP LIABLE FOR INTEREST AND PENALTIES.— ‘‘(1) IN GENERAL.—If a partnership adjustment takes effect during any partnership taxable year and such adjustment results in an imputed underpayment for the adjusted year, the partnership— ‘‘(A) shall pay to the Secretary interest computed under paragraph (2), and ‘‘(B) shall be liable for any penalty, addition to tax, or additional amount as provided in paragraph (3). ‘‘(2) DETERMINATION OF AMOUNT OF INTEREST.—The interest computed under this paragraph with respect to any partnership adjustment is the interest which would be determined under chapter 67— ‘‘(A) on the imputed underpayment determined under paragraph (4) with respect to such adjustment, ‘‘(B) for the period beginning on the day after the return due date for the adjusted year and ending on the return due date for the partnership taxable year in which such adjustment takes effect (or, if earlier, in the case of any adjustment to which subsection (a)(2) applies, the date on which the payment under subsection (a)(2) is made). Proper adjustments in the amount determined under the preceding sentence shall be made for adjustments required for partnership taxable years after the adjusted year and before the year in which the partnership adjustment takes effect by reason of such partnership adjustment. ‘‘(3) PENALTIES.—A partnership shall be liable for any penalty, addition to tax, or additional amount for which it would have been liable if such partnership had been an individual subject to tax under chapter 1 for the adjusted year and the imputed underpayment determined under paragraph (4) were an actual underpayment (or understatement) for such year. ‘‘(4) IMPUTED UNDERPAYMENT.—For purposes of this subsection, the imputed underpayment determined under this paragraph with respect to any partnership adjustment is the underpayment (if any) which would result— ‘‘(A) by netting all adjustments to items of income, gain, loss, or deduction and by treating any net increase in income as an underpayment equal to the amount of such net increase multiplied by the highest rate of tax in effect under section 1 or 11 for the adjusted year, and ‘‘(B) by taking adjustments to credits into account as increases or decreases (whichever is appropriate) in the amount of tax. For purposes of the preceding sentence, any net decrease in a loss shall be treated as an increase in income and a similar rule shall apply to a net increase in a loss. ‘‘(c) ADMINISTRATIVE PROVISIONS.— ‘‘(1) IN GENERAL.—Any payment required by subsection (a)(2) or (b)(1)(A)— ‘‘(A) shall be assessed and collected in the same manner as if it were a tax imposed by subtitle C, and

233 ‘‘(B) shall be paid on or before the return due date for the partnership taxable year in which the partnership adjustment takes effect. ‘‘(2) INTEREST.—For purposes of determining interest, any payment required by subsection (a)(2) or (b)(1)(A) shall be treated as an underpayment of tax. ‘‘(3) PENALTIES.— ‘‘(A) IN GENERAL.—In the case of any failure by any partnership to pay on the date prescribed therefor any amount required by subsection (a)(2) or (b)(1)(A), there is hereby imposed on such partnership a penalty of 10 percent of the underpayment. For purposes of the preceding sentence, the term ‘underpayment’ means the excess of any payment required under this section over the amount (if any) paid on or before the date prescribed therefor. ‘‘(B) ACCURACY-RELATED AND FRAUD PENALTIES MADE APPLICABLE.—For purposes of part II of subchapter A of chapter 68, any payment required by subsection (a)(2) shall be treated as an underpayment of tax. ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— ‘‘(1) PARTNERSHIP ADJUSTMENT.—The term ‘partnership adjustment’ means any adjustment in the amount of any partnership item of an electing large partnership. ‘‘(2) WHEN ADJUSTMENT TAKES EFFECT.—A partnership adjustment takes effect— ‘‘(A) in the case of an adjustment pursuant to the decision of a court in a proceeding brought under part II, when such decision becomes final, ‘‘(B) in the case of an adjustment pursuant to any administrative adjustment request under section 6251, when such adjustment is allowed by the Secretary, or ‘‘(C) in any other case, when such adjustment is made. ‘‘(3) ADJUSTED YEAR.—The term ‘adjusted year’ means the partnership taxable year to which the item being adjusted relates. ‘‘(4) RETURN DUE DATE.—The term ‘return due date’ means, with respect to any taxable year, the date prescribed for filing the partnership return for such taxable year (determined without regard to extensions). ‘‘(5) ADJUSTMENTS INVOLVING CHANGES IN CHARACTER.— Under regulations, appropriate adjustments in the application of this section shall be made for purposes of taking into account partnership adjustments which involve a change in the character of any item of income, gain, loss, or deduction. ‘‘(e) PAYMENTS NONDEDUCTIBLE.—No deduction shall be allowed under subtitle A for any payment required to be made by an electing large partnership under this section. ‘‘PART II—PARTNERSHIP LEVEL ADJUSTMENTS
‘‘Subpart A. Adjustments by Secretary. ‘‘Subpart B. Claims for adjustments by partnership.

234

‘‘Subpart A—Adjustments by Secretary
‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 6245. 6246. 6247. 6248. Secretarial authority. Restrictions on partnership adjustments. Judicial review of partnership adjustment. Period of limitations for making adjustments.

‘‘SEC. 6245. SECRETARIAL AUTHORITY.

‘‘(a) GENERAL RULE.—The Secretary is authorized and directed to make adjustments at the partnership level in any partnership item to the extent necessary to have such item be treated in the manner required. ‘‘(b) NOTICE OF PARTNERSHIP ADJUSTMENT.— ‘‘(1) IN GENERAL.—If the Secretary determines that a partnership adjustment is required, the Secretary is authorized to send notice of such adjustment to the partnership by certified mail or registered mail. Such notice shall be sufficient if mailed to the partnership at its last known address even if the partnership has terminated its existence. ‘‘(2) FURTHER NOTICES RESTRICTED.—If the Secretary mails a notice of a partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6247 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year. ‘‘(3) AUTHORITY TO RESCIND NOTICE WITH PARTNERSHIP CONSENT.—The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment, for purposes of this section, section 6246, and section 6247, and the taxpayer shall have no right to bring a proceeding under section 6247 with respect to such notice. Nothing in this subsection shall affect any suspension of the running of any period of limitations during any period any period during which the rescinded notice was outstanding.
‘‘SEC. 6246. RESTRICTIONS ON PARTNERSHIP ADJUSTMENTS.

‘‘(a) GENERAL RULE.—Except as otherwise provided in this chapter, no adjustment to any partnership item may be made (and no levy or proceeding in any court for the collection of any amount resulting from such adjustment may be made, begun or prosecuted) before— ‘‘(1) the close of the 90th day after the day on which a notice of a partnership adjustment was mailed to the partnership, and ‘‘(2) if a petition is filed under section 6247 with respect to such notice, the decision of the court has become final. ‘‘(b) PREMATURE ACTION MAY BE ENJOINED.—Notwithstanding section 7421(a), any action which violates subsection (a) may be enjoined in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action under this subsection unless a timely petition has been filed under section 6247 and then only in respect of the adjustments that are the subject of such petition.

235 ‘‘(c) EXCEPTIONS TO RESTRICTIONS ON ADJUSTMENTS.— ‘‘(1) ADJUSTMENTS ARISING OUT OF MATH OR CLERICAL ERRORS.— ‘‘(A) IN GENERAL.—If the partnership is notified that, on account of a mathematical or clerical error appearing on the partnership return, an adjustment to a partnership item is required, rules similar to the rules of paragraphs (1) and (2) of section 6213(b) shall apply to such adjustment. ‘‘(B) SPECIAL RULE.—If an electing large partnership is a partner in another electing large partnership, any adjustment on account of such partnership’s failure to comply with the requirements of section 6241(a) with respect to its interest in such other partnership shall be treated as an adjustment referred to in subparagraph (A), except that paragraph (2) of section 6213(b) shall not apply to such adjustment. ‘‘(2) PARTNERSHIP MAY WAIVE RESTRICTIONS.—The partnership shall at any time (whether or not a notice of partnership adjustment has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the making of any partnership adjustment. ‘‘(d) LIMIT WHERE NO PROCEEDING BEGUN.—If no proceeding under section 6247 is begun with respect to any notice of a partnership adjustment during the 90-day period described in subsection (a), the amount for which the partnership is liable under section 6242 (and any increase in any partner’s liability for tax under chapter 1 by reason of any adjustment under section 6242(a)) shall not exceed the amount determined in accordance with such notice.
‘‘SEC. 6247. JUDICIAL REVIEW OF PARTNERSHIP ADJUSTMENT.

‘‘(a) GENERAL RULE.—Within 90 days after the date on which a notice of a partnership adjustment is mailed to the partnership with respect to any partnership taxable year, the partnership may file a petition for a readjustment of the partnership items for such taxable year with— ‘‘(1) the Tax Court, ‘‘(2) the district court of the United States for the district in which the partnership’s principal place of business is located, or ‘‘(3) the Claims Court. ‘‘(b) JURISDICTIONAL REQUIREMENT FOR BRINGING ACTION IN DISTRICT COURT OR CLAIMS COURT.— ‘‘(1) IN GENERAL.—A readjustment petition under this section may be filed in a district court of the United States or the Claims Court only if the partnership filing the petition deposits with the Secretary, on or before the date the petition is filed, the amount for which the partnership would be liable under section 6242(b) (as of the date of the filing of the petition) if the partnership items were adjusted as provided by the notice of partnership adjustment. The court may by order provide that the jurisdictional requirements of this paragraph are satisfied where there has been a good faith attempt to satisfy such requirement

236 and any shortfall of the amount required to be deposited is timely corrected. ‘‘(2) INTEREST PAYABLE.—Any amount deposited under paragraph (1), while deposited, shall not be treated as a payment of tax for purposes of this title (other than chapter 67). ‘‘(c) SCOPE OF JUDICIAL REVIEW.—A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of partnership adjustment relates and the proper allocation of such items among the partners (and the applicability of any penalty, addition to tax, or additional amount for which the partnership may be liable under section 6242(b)). ‘‘(d) DETERMINATION OF COURT REVIEWABLE.—Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the court’s order entering the decision. ‘‘(e) EFFECT OF DECISION DISMISSING ACTION.—If an action brought under this section is dismissed other than by reason of a rescission under section 6245(b)(3), the decision of the court dismissing the action shall be considered as its decision that the notice of partnership adjustment is correct, and an appropriate order shall be entered in the records of the court.
‘‘SEC. 6248. PERIOD OF LIMITATIONS FOR MAKING ADJUSTMENTS.

‘‘(a) GENERAL RULE.—Except as otherwise provided in this section, no adjustment under this subpart to any partnership item for any partnership taxable year may be made after the date which is 3 years after the later of— ‘‘(1) the date on which the partnership return for such taxable year was filed, or ‘‘(2) the last day for filing such return for such year (determined without regard to extensions). ‘‘(b) EXTENSION BY AGREEMENT.—The period described in subsection (a) (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period. ‘‘(c) SPECIAL RULE IN CASE OF FRAUD, ETC.— ‘‘(1) FALSE RETURN.—In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time. ‘‘(2) SUBSTANTIAL OMISSION OF INCOME.—If any partnership omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in its return, subsection (a) shall be applied by substituting ‘6 years’ for ‘3 years’. ‘‘(3) NO RETURN.—In the case of a failure by a partnership to file a return for any taxable year, the adjustment may be made at any time. ‘‘(4) RETURN FILED BY SECRETARY.—For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership.

237 ‘‘(d) SUSPENSION WHEN SECRETARY MAILS NOTICE OF ADJUSTnotice of a partnership adjustment with respect to any taxable year is mailed to the partnership, the running of the period specified in subsection (a) (as modified by the other provisions of this section) shall be suspended— ‘‘(1) for the period during which an action may be brought under section 6247 (and, if a petition is filed under section 6247 with respect to such notice, until the decision of the court becomes final), and ‘‘(2) for 1 year thereafter.
MENT.—If

‘‘Subpart B—Claims for Adjustments by Partnership
‘‘Sec. 6251. Administrative adjustment requests. ‘‘Sec. 6252. Judicial review where administrative adjustment request is not allowed in full. ‘‘SEC. 6251. ADMINISTRATIVE ADJUSTMENT REQUESTS.

‘‘(a) GENERAL RULE.—A partnership may file a request for an administrative adjustment of partnership items for any partnership taxable year at any time which is— ‘‘(1) within 3 years after the later of— ‘‘(A) the date on which the partnership return for such year is filed, or ‘‘(B) the last day for filing the partnership return for such year (determined without regard to extensions), and ‘‘(2) before the mailing to the partnership of a notice of a partnership adjustment with respect to such taxable year. ‘‘(b) SECRETARIAL ACTION.—If a partnership files an administrative adjustment request under subsection (a), the Secretary may allow any part of the requested adjustments. ‘‘(c) SPECIAL RULE IN CASE OF EXTENSION UNDER SECTION 6248.—If the period described in section 6248(a) is extended pursuant to an agreement under section 6248(b), the period prescribed by subsection (a)(1) shall not expire before the date 6 months after the expiration of the extension under section 6248(b).
‘‘SEC. 6252. JUDICIAL REVIEW WHERE ADMINISTRATIVE ADJUSTMENT REQUEST IS NOT ALLOWED IN FULL.

‘‘(a) IN GENERAL.—If any part of an administrative adjustment request filed under section 6251 is not allowed by the Secretary, the partnership may file a petition for an adjustment with respect to the partnership items to which such part of the request relates with— ‘‘(1) the Tax Court, ‘‘(2) the district court of the United States for the district in which the principal place of business of the partnership is located, or ‘‘(3) the Claims Court. ‘‘(b) PERIOD FOR FILING PETITION.—A petition may be filed under subsection (a) with respect to partnership items for a partnership taxable year only— ‘‘(1) after the expiration of 6 months from the date of filing of the request under section 6251, and ‘‘(2) before the date which is 2 years after the date of such request.

238 The 2-year period set forth in paragraph (2) shall be extended for such period as may be agreed upon in writing by the partnership and the Secretary. ‘‘(c) COORDINATION WITH SUBPART A.— ‘‘(1) NOTICE OF PARTNERSHIP ADJUSTMENT BEFORE FILING OF PETITION.—No petition may be filed under this section after the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under section 6251 relates. ‘‘(2) NOTICE OF PARTNERSHIP ADJUSTMENT AFTER FILING BUT BEFORE HEARING OF PETITION.—If the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under section 6251 relates after the filing of a petition under this subsection but before the hearing of such petition, such petition shall be treated as an action brought under section 6247 with respect to such notice, except that subsection (b) of section 6247 shall not apply. ‘‘(3) NOTICE MUST BE BEFORE EXPIRATION OF STATUTE OF LIMITATIONS.—A notice of a partnership adjustment for the partnership taxable year shall be taken into account under paragraphs (1) and (2) only if such notice is mailed before the expiration of the period prescribed by section 6248 for making adjustments to partnership items for such taxable year. ‘‘(d) SCOPE OF JUDICIAL REVIEW.—Except in the case described in paragraph (2) of subsection (c), a court with which a petition is filed in accordance with this section shall have jurisdiction to determine only those partnership items to which the part of the request under section 6251 not allowed by the Secretary relates and those items with respect to which the Secretary asserts adjustments as offsets to the adjustments requested by the partnership. ‘‘(e) DETERMINATION OF COURT REVIEWABLE.—Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the court’s order entering the decision. ‘‘PART III—DEFINITIONS AND SPECIAL RULES
‘‘Sec. 6255. Definitions and special rules. ‘‘SEC. 6255. DEFINITIONS AND SPECIAL RULES.

‘‘(a) DEFINITIONS.—For purposes of this subchapter— ‘‘(1) ELECTING LARGE PARTNERSHIP.—The term ‘electing large partnership’ has the meaning given to such term by section 775. ‘‘(2) PARTNERSHIP ITEM.—The term ‘partnership item’ has the meaning given to such term by section 6231(a)(3). ‘‘(b) PARTNERS BOUND BY ACTIONS OF PARTNERSHIP, ETC.— ‘‘(1) DESIGNATION OF PARTNER.—Each electing large partnership shall designate (in the manner prescribed by the Secretary) a partner (or other person) who shall have the sole authority to act on behalf of such partnership under this subchapter. In any case in which such a designation is not in ef-

239 fect, the Secretary may select any partner as the partner with such authority. ‘‘(2) BINDING EFFECT.—An electing large partnership and all partners of such partnership shall be bound— ‘‘(A) by actions taken under this subchapter by the partnership, and ‘‘(B) by any decision in a proceeding brought under this subchapter. ‘‘(c) PARTNERSHIPS HAVING PRINCIPAL PLACE OF BUSINESS OUTSIDE THE UNITED STATES.—For purposes of sections 6247 and 6252, a principal place of business located outside the United States shall be treated as located in the District of Columbia. ‘‘(d) TREATMENT WHERE PARTNERSHIP CEASES TO EXIST.—If a partnership ceases to exist before a partnership adjustment under this subchapter takes effect, such adjustment shall be taken into account by the former partners of such partnership under regulations prescribed by the Secretary. ‘‘(e) DATE DECISION BECOMES FINAL.—For purposes of this subchapter, the principles of section 7481(a) shall be applied in determining the date on which a decision of a district court or the Claims Court becomes final. ‘‘(f) PARTNERSHIPS IN CASES UNDER TITLE 11 OF THE UNITED STATES CODE.— ‘‘(1) SUSPENSION OF PERIOD OF LIMITATIONS ON MAKING ADJUSTMENT, ASSESSMENT, OR COLLECTION.—The running of any period of limitations provided in this subchapter on making a partnership adjustment (or provided by section 6501 or 6502 on the assessment or collection of any amount required to be paid under section 6242) shall, in a case under title 11 of the United States Code, be suspended during the period during which the Secretary is prohibited by reason of such case from making the adjustment (or assessment or collection) and— ‘‘(A) for adjustment or assessment, 60 days thereafter, and ‘‘(B) for collection, 6 months thereafter. A rule similar to the rule of section 6213(f)(2) shall apply for purposes of section 6246. ‘‘(2) SUSPENSION OF PERIOD OF LIMITATION FOR FILING FOR JUDICIAL REVIEW.—The running of the period specified in section 6247(a) or 6252(b) shall, in a case under title 11 of the United States Code, be suspended during the period during which the partnership is prohibited by reason of such case from filing a petition under section 6247 or 6252 and for 60 days thereafter. ‘‘(g) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter, including regulations— ‘‘(1) to prevent abuse through manipulation of the provisions of this subchapter, and ‘‘(2) providing that this subchapter shall not apply to any case described in section 6231(c)(1) (or the regulations prescribed thereunder) where the application of this subchapter to such a case would interfere with the effective and efficient enforcement of this title.

240 In any case to which this subchapter does not apply by reason of paragraph (2), rules similar to the rules of sections 6229(f) and 6255(f) shall apply.’’. (b) CONFORMING AMENDMENTS.— (1) Subsection (a) of section 7421 is amended by inserting ‘‘6246(b),’’ after ‘‘6213(a),’’. (2) Subsection (c) of section 7459 is amended by striking ‘‘or section 6228(a)’’ and inserting ‘‘, 6228(a), 6247, or 6252’’. (3) Subparagraph (E) of section 7482(b)(1) is amended by striking ‘‘or 6228(a)’’ and inserting ‘‘, 6228(a), 6247, or 6252’’. (4)(A) The text of section 7485(b) is amended by striking ‘‘or 6228(a)’’ and inserting ‘‘, 6228(a), 6247, or 6252’’. (B) The subsection heading for section 7485(b) is amended to read as follows: ‘‘(b) BOND IN CASE OF APPEAL OF CERTAIN PARTNERSHIP-RELATED DECISIONS.—’’. (c) CLERICAL AMENDMENT.—The table of subchapters for chapter 63 is amended by adding at the end thereof the following new item:
‘‘Subchapter D. Treatment of electing large partnerships.’’. SEC. 1223. DUE DATE FOR FURNISHING INFORMATION TO PARTNERS OF ELECTING LARGE PARTNERSHIPS.

(a) GENERAL RULE.—Subsection (b) of section 6031 (relating to copies to partners) is amended by adding at the end the following new sentence: ‘‘In the case of an electing large partnership (as defined in section 775), such information shall be furnished on or before the first March 15 following the close of such taxable year.’’. (b) TREATMENT AS INFORMATION RETURN.—Section 6724 is amended by adding at the end the following new subsection: ‘‘(e) SPECIAL RULE FOR CERTAIN PARTNERSHIP RETURNS.—If any partnership return under section 6031(a) is required under section 6011(e) to be filed on magnetic media or in other machine-readable form, for purposes of this part, each schedule required to be included with such return with respect to each partner shall be treated as a separate information return.’’.
SEC. 1224. RETURNS REQUIRED ON MAGNETIC MEDIA.

Paragraph (2) of section 6011(e) (relating to returns on magnetic media) is amended by adding at the end thereof the following new sentence: ‘‘Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.’’.
SEC. 1225. TREATMENT OF PARTNERSHIP ITEMS OF INDIVIDUAL RETIREMENT ACCOUNTS.

Subsection (b) of section 6012 is amended by adding at the end thereof the following new paragraph: ‘‘(6) IRA SHARE OF PARTNERSHIP INCOME.—In the case of a trust which is exempt from taxation under section 408(e), for purposes of this section, the trust’s distributive share of items of gross income and gain of any partnership to which subchapter C or D of chapter 63 applies shall be treated as equal to the trust’s distributive share of the taxable income of such partnership.’’.

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SEC. 1226. EFFECTIVE DATE.

The amendments made by this part shall apply to partnership taxable years ending on or after December 31, 1997.

PART II—PROVISIONS RELATED TO TEFRA PARTNERSHIP PROCEEDINGS
SEC. 1231. TREATMENT OF PARTNERSHIP ITEMS IN DEFICIENCY PROCEEDINGS.

(a) IN GENERAL.—Subchapter C of chapter 63 is amended by adding at the end the following new section:
‘‘SEC. 6234. DECLARATORY JUDGMENT RELATING TO TREATMENT OF ITEMS OTHER THAN PARTNERSHIP ITEMS WITH RESPECT TO AN OVERSHELTERED RETURN.

‘‘(a) GENERAL RULE.—If— ‘‘(1) a taxpayer files an oversheltered return for a taxable year, ‘‘(2) the Secretary makes a determination with respect to the treatment of items (other than partnership items) of such taxpayer for such taxable year, and ‘‘(3) the adjustments resulting from such determination do not give rise to a deficiency (as defined in section 6211) but would give rise to a deficiency if there were no net loss from partnership items, the Secretary is authorized to send a notice of adjustment reflecting such determination to the taxpayer by certified or registered mail. ‘‘(b) OVERSHELTERED RETURN.—For purposes of this section, the term ‘oversheltered return’ means an income tax return which— ‘‘(1) shows no taxable income for the taxable year, and ‘‘(2) shows a net loss from partnership items. ‘‘(c) JUDICIAL REVIEW IN THE TAX COURT.—Within 90 days, or 150 days if the notice is addressed to a person outside the United States, after the day on which the notice of adjustment authorized in subsection (a) is mailed to the taxpayer, the taxpayer may file a petition with the Tax Court for redetermination of the adjustments. Upon the filing of such a petition, the Tax Court shall have jurisdiction to make a declaration with respect to all items (other than partnership items and affected items which require partner level determinations as described in section 6230(a)(2)(A)(i)) for the taxable year to which the notice of adjustment relates, in accordance with the principles of section 6214(a). Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. ‘‘(d) FAILURE TO FILE PETITION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), if the taxpayer does not file a petition with the Tax Court within the time prescribed in subsection (c), the determination of the Secretary set forth in the notice of adjustment that was mailed to the taxpayer shall be deemed to be correct. ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply after the date that the taxpayer— ‘‘(A) files a petition with the Tax Court within the time prescribed in subsection (c) with respect to a subsequent notice of adjustment relating to the same taxable year, or

242 ‘‘(B) files a claim for refund of an overpayment of tax under section 6511 for the taxable year involved. If a claim for refund is filed by the taxpayer, then solely for purposes of determining (for the taxable year involved) the amount of any computational adjustment in connection with a partnership proceeding under this subchapter (other than under this section) or the amount of any deficiency attributable to affected items in a proceeding under section 6230(a)(2), the items that are the subject of the notice of adjustment shall be presumed to have been correctly reported on the taxpayer’s return during the pendency of the refund claim (and, if within the time prescribed by section 6532 the taxpayer commences a civil action for refund under section 7422, until the decision in the refund action becomes final). ‘‘(e) LIMITATIONS PERIOD.— ‘‘(1) IN GENERAL.—Any notice to a taxpayer under subsection (a) shall be mailed before the expiration of the period prescribed by section 6501 (relating to the period of limitations on assessment). ‘‘(2) SUSPENSION WHEN SECRETARY MAILS NOTICE OF ADJUSTMENT.—If the Secretary mails a notice of adjustment to the taxpayer for a taxable year, the period of limitations on the making of assessments shall be suspended for the period during which the Secretary is prohibited from making the assessment (and, in any event, if a proceeding in respect of the notice of adjustment is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter. ‘‘(3) RESTRICTIONS ON ASSESSMENT.—Except as otherwise provided in section 6851, 6852, or 6861, no assessment of a deficiency with respect to any tax imposed by subtitle A attributable to any item (other than a partnership item or any item affected by a partnership item) shall be made— ‘‘(A) until the expiration of the applicable 90-day or 150-day period set forth in subsection (c) for filing a petition with the Tax Court, or ‘‘(B) if a petition has been filed with the Tax Court, until the decision of the Tax Court has become final. ‘‘(f) FURTHER NOTICES OF ADJUSTMENT RESTRICTED.—If the Secretary mails a notice of adjustment to the taxpayer for a taxable year and the taxpayer files a petition with the Tax Court within the time prescribed in subsection (c), the Secretary may not mail another such notice to the taxpayer with respect to the same taxable year in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact. ‘‘(g) COORDINATION WITH OTHER PROCEEDINGS UNDER THIS SUBCHAPTER.— ‘‘(1) IN GENERAL.—The treatment of any item that has been determined pursuant to subsection (c) or (d) shall be taken into account in determining the amount of any computational adjustment that is made in connection with a partnership proceeding under this subchapter (other than under this section), or the amount of any deficiency attributable to affected items in a proceeding under section 6230(a)(2), for the taxable year in-

243 volved. Notwithstanding any other law or rule of law pertaining to the period of limitations on the making of assessments, for purposes of the preceding sentence, any adjustment made in accordance with this section shall be taken into account regardless of whether any assessment has been made with respect to such adjustment. ‘‘(2) SPECIAL RULE IN CASE OF COMPUTATIONAL ADJUSTMENT.—In the case of a computational adjustment that is made in connection with a partnership proceeding under this subchapter (other than under this section), the provisions of paragraph (1) shall apply only if the computational adjustment is made within the period prescribed by section 6229 for assessing any tax under subtitle A which is attributable to any partnership item or affected item for the taxable year involved. ‘‘(3) CONVERSION TO DEFICIENCY PROCEEDING.—If— ‘‘(A) after the notice referred to in subsection (a) is mailed to a taxpayer for a taxable year but before the expiration of the period for filing a petition with the Tax Court under subsection (c) (or, if a petition is filed with the Tax Court, before the Tax Court makes a declaration for that taxable year), the treatment of any partnership item for the taxable year is finally determined, or any such item ceases to be a partnership item pursuant to section 6231(b), and ‘‘(B) as a result of that final determination or cessation, a deficiency can be determined with respect to the items that are the subject of the notice of adjustment, the notice of adjustment shall be treated as a notice of deficiency under section 6212 and any petition filed in respect of the notice shall be treated as an action brought under section 6213. ‘‘(4) FINALLY DETERMINED.—For purposes of this subsection, the treatment of partnership items shall be treated as finally determined if— ‘‘(A) the Secretary enters into a settlement agreement (within the meaning of section 6224) with the taxpayer regarding such items, ‘‘(B) a notice of final partnership administrative adjustment has been issued and— ‘‘(i) no petition has been filed under section 6226 and the time for doing so has expired, or ‘‘(ii) a petition has been filed under section 6226 and the decision of the court has become final, or ‘‘(C) the period within which any tax attributable to such items may be assessed against the taxpayer has expired. ‘‘(h) SPECIAL RULES IF SECRETARY INCORRECTLY DETERMINES APPLICABLE PROCEDURE.— ‘‘(1) SPECIAL RULE IF SECRETARY ERRONEOUSLY MAILS NOTICE OF ADJUSTMENT.—If the Secretary erroneously determines that subchapter B does not apply to a taxable year of a taxpayer and consistent with that determination timely mails a notice of adjustment to the taxpayer pursuant to subsection (a) of this section, the notice of adjustment shall be treated as a notice of deficiency under section 6212 and any petition that is filed in

244 respect of the notice shall be treated as an action brought under section 6213. ‘‘(2) SPECIAL RULE IF SECRETARY ERRONEOUSLY MAILS NOTICE OF DEFICIENCY.—If the Secretary erroneously determines that subchapter B applies to a taxable year of a taxpayer and consistent with that determination timely mails a notice of deficiency to the taxpayer pursuant to section 6212, the notice of deficiency shall be treated as a notice of adjustment under subsection (a) and any petition that is filed in respect of the notice shall be treated as an action brought under subsection (c).’’. (b) TREATMENT OF PARTNERSHIP ITEMS IN DEFICIENCY PROCEEDINGS.—Section 6211 (defining deficiency) is amended by adding at the end the following new subsection: ‘‘(c) COORDINATION WITH SUBCHAPTER C.—In determining the amount of any deficiency for purposes of this subchapter, adjustments to partnership items shall be made only as provided in subchapter C.’’. (c) CLERICAL AMENDMENT.—The table of sections for subchapter C of chapter 63 is amended by adding at the end the following new item:
‘‘Sec. 6234. Declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to partnership taxable years ending after the date of the enactment of this Act.
SEC. 1232. PARTNERSHIP RETURN TO BE DETERMINATIVE OF AUDIT PROCEDURES TO BE FOLLOWED.

(a) IN GENERAL.—Section 6231 (relating to definitions and special rules) is amended by adding at the end the following new subsection: ‘‘(g) PARTNERSHIP RETURN TO BE DETERMINATIVE OF WHETHER SUBCHAPTER APPLIES.— ‘‘(1) DETERMINATION THAT SUBCHAPTER APPLIES.—If, on the basis of a partnership return for a taxable year, the Secretary reasonably determines that this subchapter applies to such partnership for such year but such determination is erroneous, then the provisions of this subchapter are hereby extended to such partnership (and its items) for such taxable year and to partners of such partnership. ‘‘(2) DETERMINATION THAT SUBCHAPTER DOES NOT APPLY.— If, on the basis of a partnership return for a taxable year, the Secretary reasonably determines that this subchapter does not apply to such partnership for such year but such determination is erroneous, then the provisions of this subchapter shall not apply to such partnership (and its items) for such taxable year or to partners of such partnership.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to partnership taxable years ending after the date of the enactment of this Act.
SEC. 1233. PROVISIONS RELATING TO STATUTE OF LIMITATIONS.

(a) SUSPENSION OF STATUTE WHERE UNTIMELY PETITION FILED.—Paragraph (1) of section 6229(d) (relating to suspension

245 where Secretary makes administrative adjustment) is amended by striking all that follows ‘‘section 6226’’ and inserting the following: ‘‘(and, if a petition is filed under section 6226 with respect to such administrative adjustment, until the decision of the court becomes final), and’’. (b) SUSPENSION OF STATUTE DURING BANKRUPTCY PROCEEDING.—Section 6229 is amended by adding at the end the following new subsection: ‘‘(h) SUSPENSION DURING PENDENCY OF BANKRUPTCY PROCEEDING.—If a petition is filed naming a partner as a debtor in a bankruptcy proceeding under title 11 of the United States Code, the running of the period of limitations provided in this section with respect to such partner shall be suspended— ‘‘(1) for the period during which the Secretary is prohibited by reason of such bankruptcy proceeding from making an assessment, and ‘‘(2) for 60 days thereafter.’’. (c) TAX MATTERS PARTNER IN BANKRUPTCY.—Section 6229(b) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ‘‘(2) SPECIAL RULE WITH RESPECT TO DEBTORS IN TITLE 11 CASES.—Notwithstanding any other law or rule of law, if an agreement is entered into under paragraph (1)(B) and the agreement is signed by a person who would be the tax matters partner but for the fact that, at the time that the agreement is executed, the person is a debtor in a bankruptcy proceeding under title 11 of the United States Code, such agreement shall be binding on all partners in the partnership unless the Secretary has been notified of the bankruptcy proceeding in accordance with regulations prescribed by the Secretary.’’. (d) EFFECTIVE DATES.— (1) SUBSECTIONS (a) AND (b).—The amendments made by subsections (a) and (b) shall apply to partnership taxable years with respect to which the period under section 6229 of the Internal Revenue Code of 1986 for assessing tax has not expired on or before the date of the enactment of this Act. (2) SUBSECTION (c).—The amendment made by subsection (c) shall apply to agreements entered into after the date of the enactment of this Act.
SEC. 1234. EXPANSION OF SMALL PARTNERSHIP EXCEPTION.

(a) IN GENERAL.—Clause (i) of section 6231(a)(1)(B) (relating to exception for small partnerships) is amended to read as follows: ‘‘(i) IN GENERAL.—The term ‘partnership’ shall not include any partnership having 10 or fewer partners each of whom is an individual (other than a nonresident alien), a C corporation, or an estate of a deceased partner. For purposes of the preceding sentence, a husband and wife (and their estates) shall be treated as 1 partner.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to partnership taxable years ending after the date of the enactment of this Act.

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SEC. 1235. EXCLUSION OF PARTIAL SETTLEMENTS FROM 1-YEAR LIMITATION ON ASSESSMENT.

(a) IN GENERAL.—Subsection (f) of section 6229 (relating to items becoming nonpartnership items) is amended— (1) by striking ‘‘(f) ITEMS BECOMING NONPARTNERSHIP ITEMS.—If’’ and inserting the following: ‘‘(f) SPECIAL RULES.— ‘‘(1) ITEMS BECOMING NONPARTNERSHIP ITEMS.—If’’, (2) by moving the text of such subsection 2 ems to the right, and (3) by adding at the end the following new paragraph: ‘‘(2) SPECIAL RULE FOR PARTIAL SETTLEMENT AGREEMENTS.—If a partner enters into a settlement agreement with the Secretary with respect to the treatment of some of the partnership items in dispute for a partnership taxable year but other partnership items for such year remain in dispute, the period of limitations for assessing any tax attributable to the settled items shall be determined as if such agreement had not been entered into.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to settlements entered into after the date of the enactment of this Act.
SEC. 1236. EXTENSION OF TIME FOR FILING A REQUEST FOR ADMINISTRATIVE ADJUSTMENT.

(a) IN GENERAL.—Section 6227 (relating to administrative adjustment requests) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ‘‘(b) SPECIAL RULE IN CASE OF EXTENSION OF PERIOD OF LIMITATIONS UNDER SECTION 6229.—The period prescribed by subsection (a)(1) for filing of a request for an administrative adjustment shall be extended— ‘‘(1) for the period within which an assessment may be made pursuant to an agreement (or any extension thereof) under section 6229(b), and ‘‘(2) for 6 months thereafter.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in the amendments made by section 402 of the Tax Equity and Fiscal Responsibility Act of 1982.
SEC. 1237. AVAILABILITY OF INNOCENT SPOUSE RELIEF IN CONTEXT OF PARTNERSHIP PROCEEDINGS.

(a) IN GENERAL.—Subsection (a) of section 6230 is amended by adding at the end the following new paragraph: ‘‘(3) SPECIAL RULE IN CASE OF ASSERTION BY PARTNER’S SPOUSE OF INNOCENT SPOUSE RELIEF.— ‘‘(A) Notwithstanding section 6404(b), if the spouse of a partner asserts that section 6013(e) applies with respect to a liability that is attributable to any adjustment to a partnership item, then such spouse may file with the Secretary within 60 days after the notice of computational adjustment is mailed to the spouse a request for abatement of the assessment specified in such notice. Upon receipt of such request, the Secretary shall abate the assessment. Any reassessment of the tax with respect to which an abatement

247 is made under this subparagraph shall be subject to the deficiency procedures prescribed by subchapter B. The period for making any such reassessment shall not expire before the expiration of 60 days after the date of such abatement. ‘‘(B) If the spouse files a petition with the Tax Court pursuant to section 6213 with respect to the request for abatement described in subparagraph (A), the Tax Court shall only have jurisdiction pursuant to this section to determine whether the requirements of section 6013(e) have been satisfied. For purposes of such determination, the treatment of partnership items under the settlement, the final partnership administrative adjustment, or the decision of the court (whichever is appropriate) that gave rise to the liability in question shall be conclusive. ‘‘(C) Rules similar to the rules contained in subparagraphs (B) and (C) of paragraph (2) shall apply for purposes of this paragraph.’’. (b) CLAIMS FOR REFUND.—Subsection (c) of section 6230 is amended by adding at the end the following new paragraph: ‘‘(5) RULES FOR SEEKING INNOCENT SPOUSE RELIEF.— ‘‘(A) IN GENERAL.—The spouse of a partner may file a claim for refund on the ground that the Secretary failed to relieve the spouse under section 6013(e) from a liability that is attributable to an adjustment to a partnership item. ‘‘(B) TIME FOR FILING CLAIM.—Any claim under subparagraph (A) shall be filed within 6 months after the day on which the Secretary mails to the spouse the notice of computational adjustment referred to in subsection (a)(3)(A). ‘‘(C) SUIT IF CLAIM NOT ALLOWED.—If the claim under subparagraph (B) is not allowed, the spouse may bring suit with respect to the claim within the period specified in paragraph (3). ‘‘(D) PRIOR DETERMINATIONS ARE BINDING.—For purposes of any claim or suit under this paragraph, the treatment of partnership items under the settlement, the final partnership administrative adjustment, or the decision of the court (whichever is appropriate) that gave rise to the liability in question shall be conclusive.’’. (c) TECHNICAL AMENDMENTS.— (1) Paragraph (1) of section 6230(a) is amended by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (2) or (3)’’. (2) Subsection (a) of section 6503 is amended by striking ‘‘section 6230(a)(2)(A)’’ and inserting ‘‘paragraph (2)(A) or (3) of section 6230(a)’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the amendments made by section 402 of the Tax Equity and Fiscal Responsibility Act of 1982.
SEC. 1238. DETERMINATION OF PENALTIES AT PARTNERSHIP LEVEL.

(a) IN GENERAL.—Section 6221 (relating to tax treatment determined at partnership level) is amended by striking ‘‘item’’ and inserting ‘‘item (and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item)’’.

248 (b) CONFORMING AMENDMENTS.— (1) Subsection (f) of section 6226 is amended— (A) by striking ‘‘relates and’’ and inserting ‘‘relates,’’, and (B) by inserting before the period ‘‘, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item’’. (2) Clause (i) of section 6230(a)(2)(A) is amended to read as follows: ‘‘(i) affected items which require partner level determinations (other than penalties, additions to tax, and additional amounts that relate to adjustments to partnership items), or’’. (3)(A) Subparagraph (A) of section 6230(a)(3), as added by section 1237, is amended by inserting ‘‘(including any liability for any penalties, additions to tax, or additional amounts relating to such adjustment)’’ after ‘‘partnership item’’. (B) Subparagraph (B) of such section is amended by inserting ‘‘(and the applicability of any penalties, additions to tax, or additional amounts)’’ after ‘‘partnership items’’. (C) Subparagraph (A) of section 6230(c)(5), as added by section 1237, is amended by inserting before the period ‘‘(including any liability for any penalties, additions to tax, or additional amounts relating to such adjustment)’’. (D) Subparagraph (D) of section 6230(c)(5), as added by section 1237, is amended by inserting ‘‘(and the applicability of any penalties, additions to tax, or additional amounts)’’ after ‘‘partnership items’’. (4) Paragraph (1) of section 6230(c) is amended by striking ‘‘or’’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘‘, or’’, and by adding at the end the following new subparagraph: ‘‘(C) the Secretary erroneously imposed any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item.’’. (5) So much of subparagraph (A) of section 6230(c)(2) as precedes ‘‘shall be filed’’ is amended to read as follows: ‘‘(A) UNDER PARAGRAPH (1) (A) OR (C).—Any claim under subparagraph (A) or (C) of paragraph (1)’’. (6) Paragraph (4) of section 6230(c) is amended by adding at the end the following: ‘‘In addition, the determination under the final partnership administrative adjustment or under the decision of the court (whichever is appropriate) concerning the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item shall also be conclusive. Notwithstanding the preceding sentence, the partner shall be allowed to assert any partner level defenses that may apply or to challenge the amount of the computational adjustment.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to partnership taxable years ending after the date of the enactment of this Act.

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SEC. 1239. PROVISIONS RELATING TO COURT JURISDICTION, ETC.

(a) TAX COURT JURISDICTION TO ENJOIN PREMATURE ASSESSMENTS OF DEFICIENCIES ATTRIBUTABLE TO PARTNERSHIP ITEMS.— Subsection (b) of section 6225 is amended by striking ‘‘the proper court.’’ and inserting ‘‘the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action or proceeding under this subsection unless a timely petition for a readjustment of the partnership items for the taxable year has been filed and then only in respect of the adjustments that are the subject of such petition.’’. (b) JURISDICTION TO CONSIDER STATUTE OF LIMITATIONS WITH RESPECT TO PARTNERS.—Paragraph (1) of section 6226(d) is amended by adding at the end the following new sentence: ‘‘Notwithstanding subparagraph (B), any person treated under subsection (c) as a party to an action shall be permitted to participate in such action (or file a readjustment petition under subsection (b) or paragraph (2) of this subsection) solely for the purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired with respect to such person, and the court having jurisdiction of such action shall have jurisdiction to consider such assertion.’’. (c) TAX COURT JURISDICTION TO DETERMINE OVERPAYMENTS ATTRIBUTABLE TO AFFECTED ITEMS.— (1) Paragraph (6) of section 6230(d) is amended by striking ‘‘(or an affected item)’’. (2) Paragraph (3) of section 6512(b) is amended by adding at the end the following new sentence: ‘‘In the case of a credit or refund relating to an affected item (within the meaning of section 6231(a)(5)), the preceding sentence shall be applied by substituting the periods under sections 6229 and 6230(d) for the periods under section 6511 (b)(2), (c), and (d).’’. (d) VENUE ON APPEAL.— (1) Paragraph (1) of section 7482(b) is amended by striking ‘‘or’’ at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ‘‘, or’’, and by inserting after subparagraph (E) the following new subparagraph: ‘‘(F) in the case of a petition under section 6234(c)— ‘‘(i) the legal residence of the petitioner if the petitioner is not a corporation, and ‘‘(ii) the place or office applicable under subparagraph (B) if the petitioner is a corporation.’’. (2) The last sentence of section 7482(b)(1) is amended by striking ‘‘or 6228(a)’’ and inserting ‘‘, 6228(a), or 6234(c)’’. (e) OTHER PROVISIONS.— (1) Subsection (c) of section 7459 is amended by striking ‘‘or section 6228(a)’’ and inserting ‘‘, 6228(a), or 6234(c)’’. (2) Subsection (o) of section 6501 is amended by adding at the end the following new paragraph: ‘‘(3) For declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return, see section 6234.’’. (3) Subsection (a) of section 7421, as amended by section 1222, is amended by inserting ‘‘6225(b),’’ after ‘‘6213(a),’’.

250 (f) EFFECTIVE DATE.—The amendments made by this section shall apply to partnership taxable years ending after the date of the enactment of this Act.
SEC. 1240. TREATMENT OF PREMATURE PETITIONS FILED BY NOTICE PARTNERS OR 5-PERCENT GROUPS.

(a) IN GENERAL.—Subsection (b) of section 6226 (relating to judicial review of final partnership administrative adjustments) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ‘‘(5) TREATMENT OF PREMATURE PETITIONS.—If— ‘‘(A) a petition for a readjustment of partnership items for the taxable year involved is filed by a notice partner (or a 5-percent group) during the 90-day period described in subsection (a), and ‘‘(B) no action is brought under paragraph (1) during the 60-day period described therein with respect to such taxable year which is not dismissed, such petition shall be treated for purposes of paragraph (1) as filed on the last day of such 60-day period.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to petitions filed after the date of the enactment of this Act.
SEC. 1241. BONDS IN CASE OF APPEALS FROM CERTAIN PROCEEDING.

(a) IN GENERAL.—Subsection (b) of section 7485 (relating to bonds to stay assessment of collection) is amended— (1) by inserting ‘‘penalties,’’ after ‘‘any interest,’’, and (2) by striking ‘‘aggregate of such deficiencies’’ and inserting ‘‘aggregate liability of the parties to the action’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in the amendments made by section 402 of the Tax Equity and Fiscal Responsibility Act of 1982.
SEC. 1242. SUSPENSION OF INTEREST WHERE DELAY IN COMPUTATIONAL ADJUSTMENT RESULTING FROM CERTAIN SETTLEMENTS.

(a) IN GENERAL.—Subsection (c) of section 6601 (relating to interest on underpayment, nonpayment, or extension of time for payment, of tax) is amended by adding at the end the following new sentence: ‘‘In the case of a settlement under section 6224(c) which results in the conversion of partnership items to nonpartnership items pursuant to section 6231(b)(1)(C), the preceding sentence shall apply to a computational adjustment resulting from such settlement in the same manner as if such adjustment were a deficiency and such settlement were a waiver referred to in the preceding sentence.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to adjustments with respect to partnership taxable years beginning after the date of the enactment of this Act.
SEC. 1243. SPECIAL RULES FOR ADMINISTRATIVE ADJUSTMENT REQUESTS WITH RESPECT TO BAD DEBTS OR WORTHLESS SECURITIES.

(a) GENERAL RULE.—Section 6227 (relating to administrative adjustment requests) is amended by adding at the end the following new subsection:

251 ‘‘(e) REQUESTS WITH RESPECT TO BAD DEBTS OR WORTHLESS SECURITIES.—In the case of that portion of any request for an administrative adjustment which relates to the deductibility by the partnership under section 166 of a debt as a debt which became worthless, or under section 165(g) of a loss from worthlessness of a security, the period prescribed in subsection (a)(1) shall be 7 years from the last day for filing the partnership return for the year with respect to which such request is made (determined without regard to extensions).’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) shall take effect as if included in the amendments made by section 402 of the Tax Equity and Fiscal Responsibility Act of 1982. (2) TREATMENT OF REQUESTS FILED BEFORE DATE OF ENACTMENT.—In the case of that portion of any request (filed before the date of the enactment of this Act) for an administrative adjustment which relates to the deductibility of a debt as a debt which became worthless or the deductibility of a loss from the worthlessness of a security— (A) paragraph (2) of section 6227(a) of the Internal Revenue Code of 1986 shall not apply, (B) the period for filing a petition under section 6228 of the Internal Revenue Code of 1986 with respect to such request shall not expire before the date 6 months after the date of the enactment of this Act, and (C) such a petition may be filed without regard to whether there was a notice of the beginning of an administrative proceeding or a final partnership administrative adjustment.

PART III—PROVISION RELATING TO CLOSING OF PARTNERSHIP TAXABLE YEAR WITH RESPECT TO DECEASED PARTNER, ETC.
SEC. 1246. CLOSING OF PARTNERSHIP TAXABLE YEAR WITH RESPECT TO DECEASED PARTNER, ETC.

(a) GENERAL RULE.—Subparagraph (A) of section 706(c)(2) (relating to disposition of entire interest) is amended to read as follows: ‘‘(A) DISPOSITION OF ENTIRE INTEREST.—The taxable year of a partnership shall close with respect to a partner whose entire interest in the partnership terminates (whether by reason of death, liquidation, or otherwise).’’. (b) CLERICAL AMENDMENT.—The paragraph heading for paragraph (2) of section 706(c) is amended to read as follows: ‘‘(2) TREATMENT OF DISPOSITIONS.—’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to partnership taxable years beginning after December 31, 1997.

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Subtitle D—Provisions Relating to Real Estate Investment Trusts
SEC. 1251. CLARIFICATION OF LIMITATION ON MAXIMUM NUMBER OF SHAREHOLDERS.

(a) RULES RELATING TO DETERMINATION OF OWNERSHIP.— (1) FAILURE TO ISSUE SHAREHOLDER DEMAND LETTER NOT TO DISQUALIFY REIT.—Section 857(a) (relating to requirements applicable to real estate investment trusts) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) SHAREHOLDER DEMAND LETTER REQUIREMENT; PENALTY.—Section 857 (relating to taxation of real estate investment trusts and their beneficiaries) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) REAL ESTATE INVESTMENT TRUSTS TO ASCERTAIN OWNERSHIP.— ‘‘(1) IN GENERAL.—Each real estate investment trust shall each taxable year comply with regulations prescribed by the Secretary for the purposes of ascertaining the actual ownership of the outstanding shares, or certificates of beneficial interest, of such trust. ‘‘(2) FAILURE TO COMPLY.— ‘‘(A) IN GENERAL.—If a real estate investment trust fails to comply with the requirements of paragraph (1) for a taxable year, such trust shall pay (on notice and demand by the Secretary and in the same manner as tax) a penalty of $25,000. ‘‘(B) INTENTIONAL DISREGARD.—If any failure under paragraph (1) is due to intentional disregard of the requirement under paragraph (1), the penalty under subparagraph (A) shall be $50,000. ‘‘(C) FAILURE TO COMPLY AFTER NOTICE.—The Secretary may require a real estate investment trust to take such actions as the Secretary determines appropriate to ascertain actual ownership if the trust fails to meet the requirements of paragraph (1). If the trust fails to take such actions, the trust shall pay (on notice and demand by the Secretary and in the same manner as tax) an additional penalty equal to the penalty determined under subparagraph (A) or (B), whichever is applicable. ‘‘(D) REASONABLE CAUSE.—No penalty shall be imposed under this paragraph with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect.’’. (b) COMPLIANCE WITH CLOSELY HELD PROHIBITION.— (1) IN GENERAL.—Section 856 (defining real estate investment trust) is amended by adding at the end the following new subsection: ‘‘(k) REQUIREMENT THAT ENTITY NOT BE CLOSELY HELD TREATED AS MET IN CERTAIN CASES.—A corporation, trust, or association—

253 ‘‘(1) which for a taxable year meets the requirements of section 857(f)(1), and ‘‘(2) which does not know, or exercising reasonable diligence would not have known, whether the entity failed to meet the requirement of subsection (a)(6), shall be treated as having met the requirement of subsection (a)(6) for the taxable year.’’. (2) CONFORMING AMENDMENT.—Paragraph (6) of section 856(a) is amended by inserting ‘‘subject to the provisions of subsection (k),’’ before ‘‘which is not’’.
SEC. 1252. DE MINIMIS RULE FOR TENANT SERVICES INCOME.

(a) IN GENERAL.—Paragraph (2) of section 856(d) (defining rents from real property) is amended by striking subparagraph (C) and the last sentence and inserting: ‘‘(C) any impermissible tenant service income (as defined in paragraph (7)).’’. (b) IMPERMISSIBLE TENANT SERVICE INCOME.—Section 856(d) is amended by adding at the end the following new paragraph: ‘‘(7) IMPERMISSIBLE TENANT SERVICE INCOME.—For purposes of paragraph (2)(C)— ‘‘(A) IN GENERAL.—The term ‘impermissible tenant service income’ means, with respect to any real or personal property, any amount received or accrued directly or indirectly by the real estate investment trust for— ‘‘(i) services furnished or rendered by the trust to the tenants of such property, or ‘‘(ii) managing or operating such property. ‘‘(B) DISQUALIFICATION OF ALL AMOUNTS WHERE MORE THAN DE MINIMIS AMOUNT.—If the amount described in subparagraph (A) with respect to a property for any taxable year exceeds 1 percent of all amounts received or accrued during such taxable year directly or indirectly by the real estate investment trust with respect to such property, the impermissible tenant service income of the trust with respect to the property shall include all such amounts. ‘‘(C) EXCEPTIONS.—For purposes of subparagraph (A)— ‘‘(i) services furnished or rendered, or management or operation provided, through an independent contractor from whom the trust itself does not derive or receive any income shall not be treated as furnished, rendered, or provided by the trust, and ‘‘(ii) there shall not be taken into account any amount which would be excluded from unrelated business taxable income under section 512(b)(3) if received by an organization described in section 511(a)(2). ‘‘(D) AMOUNT ATTRIBUTABLE TO IMPERMISSIBLE SERVICES.—For purposes of subparagraph (A), the amount treated as received for any service (or management or operation) shall not be less than 150 percent of the direct cost of the trust in furnishing or rendering the service (or providing the management or operation). ‘‘(E) COORDINATION WITH LIMITATIONS.—For purposes of paragraphs (2) and (3) of subsection (c), amounts de-

254 scribed in subparagraph (A) shall be included in the gross income of the corporation, trust, or association.’’.
SEC. 1253. ATTRIBUTION RULES APPLICABLE TO STOCK OWNERSHIP.

Section 856(d)(5) (relating to constructive ownership of stock) is amended by striking ‘‘except that’’ and all that follows and inserting ‘‘except that— ‘‘(A) ‘10 percent’ shall be substituted for ‘50 percent’ in subparagraph (C) of paragraphs (2) and (3) of section 318(a), and ‘‘(B) section 318(a)(3)(A) shall be applied in the case of a partnership by taking into account only partners who own (directly or indirectly) 25 percent or more of the capital interest, or the profits interest, in the partnership.’’.
SEC. 1254. CREDIT FOR TAX PAID BY REIT ON RETAINED CAPITAL GAINS.

(a) GENERAL RULE.—Paragraph (3) of section 857(b) (relating to capital gains) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ‘‘(D) TREATMENT BY SHAREHOLDERS OF UNDISTRIBUTED CAPITAL GAINS.— ‘‘(i) Every shareholder of a real estate investment trust at the close of the trust’s taxable year shall include, in computing his long-term capital gains in his return for his taxable year in which the last day of the trust’s taxable year falls, such amount as the trust shall designate in respect of such shares in a written notice mailed to its shareholders at any time prior to the expiration of 60 days after the close of its taxable year (or mailed to its shareholders or holders of beneficial interests with its annual report for the taxable year), but the amount so includible by any shareholder shall not exceed that part of the amount subjected to tax in subparagraph (A)(ii) which he would have received if all of such amount had been distributed as capital gain dividends by the trust to the holders of such shares at the close of its taxable year. ‘‘(ii) For purposes of this title, every such shareholder shall be deemed to have paid, for his taxable year under clause (i), the tax imposed by subparagraph (A)(ii) on the amounts required by this subparagraph to be included in respect of such shares in computing his long-term capital gains for that year; and such shareholders shall be allowed credit or refund as the case may be, for the tax so deemed to have been paid by him. ‘‘(iii) The adjusted basis of such shares in the hands of the holder shall be increased with respect to the amounts required by this subparagraph to be included in computing his long-term capital gains, by the difference between the amount of such includible gains and the tax deemed paid by such shareholder in respect of such shares under clause (ii).

255 ‘‘(iv) In the event of such designation, the tax imposed by subparagraph (A)(ii) shall be paid by the real estate investment trust within 30 days after the close of its taxable year. ‘‘(v) The earnings and profits of such real estate investment trust, and the earnings and profits of any such shareholder which is a corporation, shall be appropriately adjusted in accordance with regulations prescribed by the Secretary. ‘‘(vi) As used in this subparagraph, the terms ‘shares’ and ‘shareholders’ shall include beneficial interests and holders of beneficial interests, respectively.’’. (b) CONFORMING AMENDMENTS.— (1) Clause (i) of section 857(b)(7)(A) is amended by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (B) or (D)’’. (2) Clause (iii) of section 852(b)(3)(D) is amended by striking ‘‘by 65 percent’’ and all that follows and inserting ‘‘by the difference between the amount of such includible gains and the tax deemed paid by such shareholder in respect of such shares under clause (ii).’’.
SEC. 1255. REPEAL OF 30-PERCENT GROSS INCOME REQUIREMENT.

(a) GENERAL RULE.—Subsection (c) of section 856 (relating to limitations) is amended— (1) by adding ‘‘and’’ at the end of paragraph (3), (2) by striking paragraphs (4) and (8), and (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (b) CONFORMING AMENDMENTS.— (1) Subparagraph (G) of section 856(c)(5), as redesignated by subsection (a), is amended by striking ‘‘and such agreement shall be treated as a security for purposes of paragraph (4)(A)’’. (2) Paragraph (5) of section 857(b) is amended by striking ‘‘section 856(c)(7)’’ and inserting ‘‘section 856(c)(6)’’. (3) Subparagraph (C) of section 857(b)(6) is amended by striking ‘‘section 856(c)(6)(B)’’ and inserting ‘‘section 856(c)(5)(B)’’.
SEC. 1256. MODIFICATION OF EARNINGS AND PROFITS RULES FOR DETERMINING WHETHER REIT HAS EARNINGS AND PROFITS FROM NON-REIT YEAR.

Subsection (d) of section 857 is amended by adding at the end the following new paragraph: ‘‘(3) DISTRIBUTIONS TO MEET REQUIREMENTS OF SUBSECTION (a)(2)(B).—Any distribution which is made in order to comply with the requirements of subsection (a)(2)(B)— ‘‘(A) shall be treated for purposes of this subsection and subsection (a)(2)(B) as made from the earliest accumulated earnings and profits (other than earnings and profits to which subsection (a)(2)(A) applies) rather than the most recently accumulated earnings and profits, and ‘‘(B) to the extent treated under subparagraph (A) as made from accumulated earnings and profits, shall not be treated as a distribution for purposes of subsection (b)(2)(B).’’.

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SEC. 1257. TREATMENT OF FORECLOSURE PROPERTY.

(a) GRACE PERIODS.— (1) INITIAL PERIOD.—Paragraph (2) of section 856(e) (relating to special rules for foreclosure property) is amended by striking ‘‘on the date which is 2 years after the date the trust acquired such property’’ and inserting ‘‘as of the close of the 3d taxable year following the taxable year in which the trust acquired such property’’. (2) EXTENSION.—Paragraph (3) of section 856(e) is amended— (A) by striking ‘‘or more extensions’’ and inserting ‘‘extension’’, and (B) by striking the last sentence and inserting: ‘‘Any such extension shall not extend the grace period beyond the close of the 3d taxable year following the last taxable year in the period under paragraph (2).’’. (b) REVOCATION OF ELECTION.—Paragraph (5) of section 856(e) is amended by striking the last sentence and inserting: ‘‘A real estate investment trust may revoke any such election for a taxable year by filing the revocation (in the manner provided by the Secretary) on or before the due date (including any extension of time) for filing its return of tax under this chapter for the taxable year. If a trust revokes an election for any property, no election may be made by the trust under this paragraph with respect to the property for any subsequent taxable year.’’. (c) CERTAIN ACTIVITIES NOT TO DISQUALIFY PROPERTY.—Paragraph (4) of section 856(e) is amended by adding at the end the following new flush sentence: ‘‘For purposes of subparagraph (C), property shall not be treated as used in a trade or business by reason of any activities of the real estate investment trust with respect to such property to the extent that such activities would not result in amounts received or accrued, directly or indirectly, with respect to such property being treated as other than rents from real property.’’.
SEC. 1258. PAYMENTS UNDER HEDGING INSTRUMENTS.

Section 856(c)(5)(G) (relating to treatment of certain interest rate agreements), as redesignated by section 1255, is amended to read as follows: ‘‘(G) TREATMENT OF CERTAIN HEDGING INSTRUMENTS.— Except to the extent provided by regulations, any— ‘‘(i) payment to a real estate investment trust under an interest rate swap or cap agreement, option, futures contract, forward rate agreement, or any similar financial instrument, entered into by the trust in a transaction to reduce the interest rate risks with respect to any indebtedness incurred or to be incurred by the trust to acquire or carry real estate assets, and ‘‘(ii) gain from the sale or other disposition of any such investment, shall be treated as income qualifying under paragraph (2).’’.

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SEC. 1259. EXCESS NONCASH INCOME.

Section 857(e)(2) (relating to determination of amount of excess noncash income) is amended— (1) by striking subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting a comma, (3) by redesignating subparagraph (C) (as amended by paragraph (2)) as subparagraph (B), and (4) by adding at the end the following new subparagraphs: ‘‘(C) the amount (if any) by which— ‘‘(i) the amounts includible in gross income with respect to instruments to which section 860E(a) or 1272 applies, exceed ‘‘(ii) the amount of money and the fair market value of other property received during the taxable year under such instruments, and ‘‘(D) amounts includible in income by reason of cancellation of indebtedness.’’.
SEC. 1260. PROHIBITED TRANSACTION SAFE HARBOR.

Clause (iii) of section 857(b)(6)(C) (relating to certain sales not to constitute prohibited transactions) is amended by striking ‘‘(other than foreclosure property)’’ in subclauses (I) and (II) and inserting ‘‘(other than sales of foreclosure property or sales to which section 1033 applies)’’.
SEC. 1261. SHARED APPRECIATION MORTGAGES.

(a) BANKRUPTCY SAFE HARBOR.—Section 856(j) (relating to treatment of shared appreciation mortgages) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ‘‘(4) COORDINATION WITH 4–YEAR HOLDING PERIOD.— ‘‘(A) IN GENERAL.—For purposes of section 857(b)(6)(C), if a real estate investment trust is treated as having sold secured property under paragraph (3)(A), the trust shall be treated as having held such property for at least 4 years if— ‘‘(i) the secured property is sold or otherwise disposed of pursuant to a case under title 11 of the United States Code, ‘‘(ii) the seller is under the jurisdiction of the court in such case, and ‘‘(iii) the disposition is required by the court or is pursuant to a plan approved by the court. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply if— ‘‘(i) the secured property was acquired by the seller with the intent to evict or foreclose, or ‘‘(ii) the trust knew or had reason to know that default on the obligation described in paragraph (5)(A) would occur.’’. (b) CLARIFICATION OF DEFINITION OF SHARED APPRECIATION PROVISION.—Clause (ii) of section 856(j)(5)(A) is amended by inserting before the period ‘‘or appreciation in value as of any specified date’’.

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SEC. 1262. WHOLLY OWNED SUBSIDIARIES.

Section 856(i)(2) (defining qualified REIT subsidiary) is amended by striking ‘‘at all times during the period such corporation was in existence’’.
SEC. 1263. EFFECTIVE DATE.

The amendments made by this part shall apply to taxable years beginning after the date of the enactment of this Act.

Subtitle E—Provisions Relating to Regulated Investment Companies
SEC. 1271. REPEAL OF 30-PERCENT GROSS INCOME LIMITATION.

(a) GENERAL RULE.—Subsection (b) of section 851 (relating to limitations) is amended by striking paragraph (3), by adding ‘‘and’’ at the end of paragraph (2), and by redesignating paragraph (4) as paragraph (3). (b) TECHNICAL AMENDMENTS.— (1) The material following paragraph (3) of section 851(b) (as redesignated by subsection (a)) is amended— (A) by striking out ‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraph (2)’’, and (B) by striking out the last sentence thereof. (2) Subsection (c) of section 851 is amended by striking ‘‘subsection (b)(4)’’ each place it appears (including the heading) and inserting ‘‘subsection (b)(3)’’. (3) Subsection (d) of section 851 is amended by striking ‘‘subsections (b)(4)’’ and inserting ‘‘subsections (b)(3)’’. (4) Paragraph (1) of section 851(e) is amended by striking ‘‘subsection (b)(4)’’ and inserting ‘‘subsection (b)(3)’’. (5) Paragraph (4) of section 851(e) is amended by striking ‘‘subsections (b)(4)’’ and inserting ‘‘subsections (b)(3)’’. (6) Section 851 is amended by striking subsection (g) and redesignating subsection (h) as subsection (g). (7) Subsection (g) of section 851 (as redesignated by paragraph (6)) is amended by striking paragraph (3). (8) Section 817(h)(2) is amended— (A) by striking ‘‘851(b)(4)’’ in subparagraph (A) and inserting ‘‘851(b)(3)’’, and (B) by striking ‘‘851(b)(4)(A)(i)’’ in subparagraph (B) and inserting ‘‘851(b)(3)(A)(i)’’. (9) Section 1092(f)(2) is amended by striking ‘‘Except for purposes of section 851(b)(3), the’’ and inserting ‘‘The’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Subtitle F—Taxpayer Protections
SEC. 1281. REASONABLE CAUSE EXCEPTION FOR CERTAIN PENALTIES.

(a) INFORMATION ON DEDUCTIBLE EMPLOYEE CONTRIBUTIONS.— Subsection (g) of section 6652 (relating to information required in connection with deductible employee contributions) is amended by

259 adding at the end the following new sentence: ‘‘No penalty shall be imposed under this subsection on any failure which is shown to be due to reasonable cause and not willful neglect.’’. (b) REPORTS ON STATUS AS QUALIFIED SMALL BUSINESS.—Subsection (k) of section 6652 (relating to failure to make reports required under section 1202) is amended by adding at the end the following new sentence: ‘‘No penalty shall be imposed under this subsection on any failure which is shown to be due to reasonable cause and not willful neglect.’’. (c) RETURNS OF PERSONAL HOLDING COMPANY TAX BY FOREIGN CORPORATIONS.—Section 6683 (relating to failure of foreign corporation to file return of personal holding company tax) is amended by adding at the end the following new sentence: ‘‘No penalty shall be imposed under this section on any failure which is shown to be due to reasonable cause and not willful neglect.’’. (d) FAILURE TO MAKE REQUIRED PAYMENTS.—Subparagraph (A) of section 7519(f)(4) is amended by adding at the end the following new sentence: ‘‘No penalty shall be imposed under this subparagraph on any failure which is shown to be due to reasonable cause and not willful neglect.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1282. CLARIFICATION OF PERIOD FOR FILING CLAIMS FOR REFUNDS.

(a) IN GENERAL.—Paragraph (3) of section 6512(b) (relating to overpayment determined by Tax Court) is amended by adding at the end the following flush sentence: ‘‘In a case described in subparagraph (B) where the date of the mailing of the notice of deficiency is during the third year after the due date (with extensions) for filing the return of tax and no return was filed before such date, the applicable period under subsections (a) and (b)(2) of section 6511 shall be 3 years.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to claims for credit or refund for taxable years ending after the date of the enactment of this Act.
SEC. 1283. REPEAL OF AUTHORITY TO DISCLOSE WHETHER PROSPECTIVE JUROR HAS BEEN AUDITED.

(a) IN GENERAL.—Subsection (h) of section 6103 (relating to disclosure to certain Federal officers and employees for purposes of tax administration, etc.) is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (b) CONFORMING AMENDMENT.—Paragraph (4) of section 6103(p) is amended by striking ‘‘(h)(6)’’ each place it appears and inserting ‘‘(h)(5)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to judicial proceedings commenced after the date of the enactment of this Act.
SEC. 1284. CLARIFICATION OF STATUTE OF LIMITATIONS.

(a) IN GENERAL.—Subsection (a) of section 6501 (relating to limitations on assessment and collection) is amended by adding at the end thereof the following new sentence: ‘‘For purposes of this

260 chapter, the term ‘return’ means the return required to be filed by the taxpayer (and does not include a return of any person from whom the taxpayer has received an item of income, gain, loss, deduction, or credit).’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1285. AWARDING OF ADMINISTRATIVE COSTS.

(a) RIGHT TO APPEAL TAX COURT DECISION.—Subsection (f) of section 7430 (relating to right of appeal) is amended by adding at the end the following new paragraph: ‘‘(3) APPEAL OF TAX COURT DECISION.—An order of the Tax Court disposing of a petition under paragraph (2) shall be reviewable in the same manner as a decision of the Tax Court, but only with respect to the matters determined in such order.’’. (b) PERIOD FOR APPLYING TO IRS FOR COSTS.—Subsection (b) of section 7430 (relating to limitations) is amended by adding at the end the following new paragraph: ‘‘(5) PERIOD FOR APPLYING TO IRS FOR ADMINISTRATIVE COSTS.—An award may be made under subsection (a) by the Internal Revenue Service for reasonable administrative costs only if the prevailing party files an application with the Internal Revenue Service for such costs before the 91st day after the date on which the final decision of the Internal Revenue Service as to the determination of the tax, interest, or penalty is mailed to such party.’’. (c) PERIOD FOR PETITIONING OF TAX COURT FOR REVIEW OF DENIAL OF COSTS.—Paragraph (2) of section 7430(f) (relating to right of appeal) is amended— (1) by striking ‘‘appeal to’’ and inserting ‘‘the filing of a petition for review with’’, and (2) by adding at the end the following new sentence: ‘‘If the Secretary sends by certified or registered mail a notice of such decision to the petitioner, no proceeding in the Tax Court may be initiated under this paragraph unless such petition is filed before the 91st day after the date of such mailing.’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to civil actions or proceedings commenced after the date of the enactment of this Act.

TITLE XIII—SIMPLIFICATION PROVISIONS RELATING TO ESTATE AND GIFT TAXES
SEC. 1301. GIFTS TO CHARITIES EXEMPT FROM GIFT TAX FILING REQUIREMENTS.

(a) IN GENERAL.—Section 6019 is amended by striking ‘‘or’’ at the end of paragraph (1), by adding ‘‘or’’ at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: ‘‘(3) a transfer with respect to which a deduction is allowed under section 2522 but only if—

261 ‘‘(A)(i) such transfer is of the donor’s entire interest in the property transferred, and ‘‘(ii) no other interest in such property is or has been transferred (for less than adequate and full consideration in money or money’s worth) from the donor to a person, or for a use, not described in subsection (a) or (b) of section 2522, or ‘‘(B) such transfer is described in section 2522(d),’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to gifts made after the date of the enactment of this Act.
SEC. 1302. CLARIFICATION OF WAIVER OF CERTAIN RIGHTS OF RECOVERY.

(a) AMENDMENT TO SECTION 2207A.—Paragraph (2) of section 2207A(a) (relating to right of recovery in the case of certain marital deduction property) is amended to read as follows: ‘‘(2) DECEDENT MAY OTHERWISE DIRECT.—Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.’’. (b) AMENDMENT TO SECTION 2207B.—Paragraph (2) of section 2207B(a) (relating to right of recovery where decedent retained interest) is amended to read as follows: ‘‘(2) DECEDENT MAY OTHERWISE DIRECT.—Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to the estates of decedents dying after the date of the enactment of this Act.
SEC. 1303. TRANSITIONAL RULE UNDER SECTION 2056A.

(a) GENERAL RULE.—In the case of any trust created under an instrument executed before the date of the enactment of the Revenue Reconciliation Act of 1990, such trust shall be treated as meeting the requirements of paragraph (1) of section 2056A(a) of the Internal Revenue Code of 1986 if the trust instrument requires that all trustees of the trust be individual citizens of the United States or domestic corporations. (b) EFFECTIVE DATE.—The provisions of subsection (a) shall take effect as if included in the provisions of section 11702(g) of the Revenue Reconciliation Act of 1990.
SEC. 1304. TREATMENT FOR ESTATE TAX PURPOSES OF SHORT-TERM OBLIGATIONS HELD BY NONRESIDENT ALIENS.

(a) IN GENERAL.—Subsection (b) of section 2105 is amended by striking ‘‘and’’ at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ‘‘, and’’, and by inserting after paragraph (3) the following new paragraph: ‘‘(4) obligations which would be original issue discount obligations as defined in section 871(g)(1) but for subparagraph (B)(i) thereof, if any interest thereon (were such interest received by the decedent at the time of his death) would not be effectively

262 connected with the conduct of a trade or business within the United States.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.
SEC. 1305. CERTAIN REVOCABLE TRUSTS TREATED AS PART OF ESTATE.

(a) IN GENERAL.—Subpart A of part I of subchapter J (relating to estates, trusts, beneficiaries, and decedents) is amended by adding at the end the following new section:
‘‘SEC. 646. CERTAIN REVOCABLE TRUSTS TREATED AS PART OF ESTATE.

‘‘(a) GENERAL RULE.—For purposes of this subtitle, if both the executor (if any) of an estate and the trustee of a qualified revocable trust elect the treatment provided in this section, such trust shall be treated and taxed as part of such estate (and not as a separate trust) for all taxable years of the estate ending after the date of the decedent’s death and before the applicable date. ‘‘(b) DEFINITIONS.—For purposes of subsection (a)— ‘‘(1) QUALIFIED REVOCABLE TRUST.—The term ‘qualified revocable trust’ means any trust (or portion thereof) which was treated under section 676 as owned by the decedent of the estate referred to in subsection (a) by reason of a power in the grantor (determined without regard to section 672(e)). ‘‘(2) APPLICABLE DATE.—The term ‘applicable date’ means— ‘‘(A) if no return of tax imposed by chapter 11 is required to be filed, the date which is 2 years after the date of the decedent’s death, and ‘‘(B) if such a return is required to be filed, the date which is 6 months after the date of the final determination of the liability for tax imposed by chapter 11. ‘‘(c) ELECTION.—The election under subsection (a) shall be made not later than the time prescribed for filing the return of tax imposed by this chapter for the first taxable year of the estate (determined with regard to extensions) and, once made, shall be irrevocable.’’. (b) COMPARABLE TREATMENT UNDER GENERATION-SKIPPING TAX.—Paragraph (1) of section 2652(b) is amended by adding at the end the following new sentence: ‘‘Such term shall not include any trust during any period the trust is treated as part of an estate under section 646.’’. (c) CLERICAL AMENDMENT.—The table of sections for such subpart A is amended by adding at the end the following new item:
‘‘Sec. 646. Certain revocable trusts treated as part of estate.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to estates of decedents dying after the date of the enactment of this Act.
SEC. 1306. DISTRIBUTIONS DURING FIRST 65 DAYS OF TAXABLE YEAR OF ESTATE.

(a) IN GENERAL.—Subsection (b) of section 663 (relating to distributions in first 65 days of taxable year) is amended by inserting ‘‘an estate or’’ before ‘‘a trust’’ each place it appears.

263 (b) CONFORMING AMENDMENT.—Paragraph (2) of section 663(b) is amended by striking ‘‘the fiduciary of such trust’’ and inserting ‘‘the executor of such estate or the fiduciary of such trust (as the case may be)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1307. SEPARATE SHARE RULES AVAILABLE TO ESTATES.

(a) IN GENERAL.—Subsection (c) of section 663 (relating to separate shares treated as separate trusts) is amended— (1) by inserting before the last sentence the following new sentence: ‘‘Rules similar to the rules of the preceding provisions of this subsection shall apply to treat substantially separate and independent shares of different beneficiaries in an estate having more than 1 beneficiary as separate estates.’’, and (2) by inserting ‘‘or estates’’ after ‘‘trusts’’ in the last sentence. (b) CONFORMING AMENDMENT.—The subsection heading of section 663(c) is amended by inserting ‘‘ESTATES OR’’ before ‘‘TRUSTS’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.
SEC. 1308. EXECUTOR OF ESTATE AND BENEFICIARIES TREATED AS RELATED PERSONS FOR DISALLOWANCE OF LOSSES, ETC.

(a) DISALLOWANCE OF LOSSES.—Subsection (b) of section 267 (relating to losses, expenses, and interest with respect to transactions between related taxpayers) is amended by striking ‘‘or’’ at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ‘‘; or’’, and by adding at the end the following new paragraph: ‘‘(13) Except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.’’. (b) ORDINARY INCOME FROM GAIN FROM SALE OF DEPRECIABLE PROPERTY.—Subsection (b) of section 1239 is amended by striking the period at the end of paragraph (2) and inserting ‘‘, and’’ and by adding at the end the following new paragraph: ‘‘(3) except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 1309. TREATMENT OF FUNERAL TRUSTS.

(a) IN GENERAL.—Subpart F of part I of subchapter J of chapter 1 is amended by adding at the end the following new section:
‘‘SEC. 685. TREATMENT OF FUNERAL TRUSTS.

‘‘(a) IN GENERAL.—In the case of a qualified funeral trust— ‘‘(1) subparts B, C, D, and E shall not apply, and ‘‘(2) no deduction shall be allowed by section 642(b). ‘‘(b) QUALIFIED FUNERAL TRUST.—For purposes of this subsection, the term ‘qualified funeral trust’ means any trust (other than a foreign trust) if—

264 ‘‘(1) the trust arises as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property necessary to provide such services, ‘‘(2) the sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use such funds solely to make payments for such services or property for the benefit of the beneficiaries of the trust, ‘‘(3) the only beneficiaries of such trust are individuals with respect to whom such services or property are to be provided at their death under contracts described in paragraph (1), ‘‘(4) the only contributions to the trust are contributions by or for the benefit of such beneficiaries, ‘‘(5) the trustee elects the application of this subsection, and ‘‘(6) the trust would (but for the election described in paragraph (5)) be treated as owned under subpart E by the purchasers of the contracts described in paragraph (1). ‘‘(c) DOLLAR LIMITATION ON CONTRIBUTIONS.— ‘‘(1) IN GENERAL.—The term ‘qualified funeral trust’ shall not include any trust which accepts aggregate contributions by or for the benefit of an individual in excess of $7,000. ‘‘(2) RELATED TRUSTS.—For purposes of paragraph (1), all trusts having trustees which are related persons shall be treated as 1 trust. For purposes of the preceding sentence, persons are related if— ‘‘(A) the relationship between such persons is described in section 267 or 707(b), ‘‘(B) such persons are treated as a single employer under subsection (a) or (b) of section 52, or ‘‘(C) the Secretary determines that treating such persons as related is necessary to prevent avoidance of the purposes of this section. ‘‘(3) INFLATION ADJUSTMENT.—In the case of any contract referred to in subsection (b)(1) which is entered into during any calendar year after 1998, the dollar amount referred to paragraph (1) shall be increased by an amount equal to— ‘‘(A) such dollar amount, multiplied by ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, by substituting ‘calendar year 1997’ for ‘calendar year 1992’ in subparagraph (B) thereof. If any dollar amount after being increased under the preceding sentence is not a multiple of $100, such dollar amount shall be rounded to the nearest multiple of $100. ‘‘(d) APPLICATION OF RATE SCHEDULE.—Section 1(e) shall be applied to each qualified funeral trust by treating each beneficiary’s interest in each such trust as a separate trust. ‘‘(e) TREATMENT OF AMOUNTS REFUNDED TO PURCHASER ON CANCELLATION.—No gain or loss shall be recognized to a purchaser of a contract described in subsection (b)(1) by reason of any payment from such trust to such purchaser by reason of cancellation of such contract. If any payment referred to in the preceding sentence consists of property other than money, the basis of such property in the hands of such purchaser shall be the same as the trust’s basis in such property immediately before the payment.

265 ‘‘(f) SIMPLIFIED REPORTING.—The Secretary may prescribe rules for simplified reporting of all trusts having a single trustee.’’. (b) CLERICAL AMENDMENT.—The table of sections for subpart F of part I of subchapter J of chapter 1 is amended by adding at the end the following new item:
‘‘Sec. 685. Treatment of funeral trusts.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
SEC. 1310. ADJUSTMENTS FOR GIFTS WITHIN 3 YEARS OF DECEDENT’S DEATH.

(a) GENERAL RULE.—Section 2035 is amended to read as follows:
‘‘SEC. 2035. ADJUSTMENTS FOR CERTAIN GIFTS MADE WITHIN 3 YEARS OF DECEDENT’S DEATH.

‘‘(a) INCLUSION OF CERTAIN PROPERTY IN GROSS ESTATE.—If— ‘‘(1) the decedent made a transfer (by trust or otherwise) of an interest in any property, or relinquished a power with respect to any property, during the 3-year period ending on the date of the decedent’s death, and ‘‘(2) the value of such property (or an interest therein) would have been included in the decedent’s gross estate under section 2036, 2037, 2038, or 2042 if such transferred interest or relinquished power had been retained by the decedent on the date of his death, the value of the gross estate shall include the value of any property (or interest therein) which would have been so included. ‘‘(b) INCLUSION OF GIFT TAX ON GIFTS MADE DURING 3 YEARS BEFORE DECEDENT’S DEATH.—The amount of the gross estate (determined without regard to this subsection) shall be increased by the amount of any tax paid under chapter 12 by the decedent or his estate on any gift made by the decedent or his spouse during the 3year period ending on the date of the decedent’s death. ‘‘(c) OTHER RULES RELATING TO TRANSFERS WITHIN 3 YEARS OF DEATH.— ‘‘(1) IN GENERAL.—For purposes of— ‘‘(A) section 303(b) (relating to distributions in redemption of stock to pay death taxes), ‘‘(B) section 2032A (relating to special valuation of certain farms, etc., real property), and ‘‘(C) subchapter C of chapter 64 (relating to lien for taxes), the value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer, by trust or otherwise, during the 3-year period ending on the date of the decedent’s death. ‘‘(2) COORDINATION WITH SECTION 6166.—An estate shall be treated as meeting the 35 percent of adjusted gross estate requirement of section 6166(a)(1) only if the estate meets such requirement both with and without the application of paragraph (1). ‘‘(3) MARITAL AND SMALL TRANSFERS.—Paragraph (1) shall not apply to any transfer (other than a transfer with respect to

266 a life insurance policy) made during a calendar year to any donee if the decedent was not required by section 6019 (other than by reason of section 6019(2)) to file any gift tax return for such year with respect to transfers to such donee. ‘‘(d) EXCEPTION.—Subsection (a) shall not apply to any bona fide sale for an adequate and full consideration in money or money’s worth. ‘‘(e) TREATMENT OF CERTAIN TRANSFERS FROM REVOCABLE TRUSTS.—For purposes of this section and section 2038, any transfer from any portion of a trust during any period that such portion was treated under section 676 as owned by the decedent by reason of a power in the grantor (determined without regard to section 672(e)) shall be treated as a transfer made directly by the decedent.’’. (b) CLERICAL AMENDMENT.—The table of sections for part III of subchapter A of chapter 11 is amended by striking ‘‘gifts’’ in the item relating to section 2035 and inserting ‘‘certain gifts’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act.
SEC. 1311. CLARIFICATION OF TREATMENT OF SURVIVOR ANNUITIES UNDER QUALIFIED TERMINABLE INTEREST RULES.

(a) IN GENERAL.—Subparagraph (C) of section 2056(b)(7) is amended by inserting ‘‘(or, in the case of an interest in an annuity arising under the community property laws of a State, included in the gross estate of the decedent under section 2033)’’ after ‘‘section 2039’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.
SEC. 1312. TREATMENT UNDER QUALIFIED DOMESTIC TRUST RULES OF FORMS OF OWNERSHIP WHICH ARE NOT TRUSTS.

(a) IN GENERAL.—Subsection (c) of section 2056A (defining qualified domestic trust) is amended by adding at the end the following new paragraph: ‘‘(3) TRUST.—To the extent provided in regulations prescribed by the Secretary, the term ‘trust’ includes other arrangements which have substantially the same effect as a trust.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.
SEC. 1313. OPPORTUNITY TO CORRECT CERTAIN FAILURES UNDER SECTION 2032A.

(a) GENERAL RULE.—Paragraph (3) of section 2032A(d) (relating to modification of election and agreement to be permitted) is amended to read as follows: ‘‘(3) MODIFICATION OF ELECTION AND AGREEMENT TO BE PERMITTED.—The Secretary shall prescribe procedures which provide that in any case in which the executor makes an election under paragraph (1) (and submits the agreement referred to in paragraph (2)) within the time prescribed therefor, but— ‘‘(A) the notice of election, as filed, does not contain all required information, or

267 ‘‘(B) signatures of 1 or more persons required to enter into the agreement described in paragraph (2) are not included on the agreement as filed, or the agreement does not contain all required information, the executor will have a reasonable period of time (not exceeding 90 days) after notification of such failures to provide such information or signatures.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to the estates of decedents dying after the date of the enactment of this Act.
SEC. 1314. AUTHORITY TO WAIVE REQUIREMENT OF UNITED STATES TRUSTEE FOR QUALIFIED DOMESTIC TRUSTS.

(a) IN GENERAL.—Subparagraph (A) of section 2056A(a)(1) is amended by inserting ‘‘except as provided in regulations prescribed by the Secretary,’’ before ‘‘requires’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

TITLE XIV—SIMPLIFICATION PROVISIONS RELATING TO EXCISE TAXES, TAX-EXEMPT BONDS, AND OTHER MATTERS Subtitle A—Excise Tax Simplification
PART I—EXCISE TAXES ON HEAVY TRUCKS AND LUXURY CARS
SEC. 1401. INCREASE IN DE MINIMIS LIMIT FOR AFTER-MARKET ALTERATIONS FOR HEAVY TRUCKS AND LUXURY CARS.

(a) IN GENERAL.—Sections 4003(a)(3)(C) and 4051(b)(2)(B) (relating to exceptions) are each amended by striking ‘‘$200’’ and inserting ‘‘$1,000’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to installations on vehicles sold after the date of the enactment of this Act.
SEC. 1402. CREDIT FOR TIRE TAX IN LIEU OF EXCLUSION OF VALUE OF TIRES IN COMPUTING PRICE.

(a) IN GENERAL.—Subsection (e) of section 4051 is amended to read as follows: ‘‘(e) CREDIT AGAINST TAX FOR TIRE TAX.—If— ‘‘(1) tires are sold on or in connection with the sale of any article, and ‘‘(2) tax is imposed by this subchapter on the sale of such tires, there shall be allowed as a credit against the tax imposed by this subchapter an amount equal to the tax (if any) imposed by section 4071 on such tires.’’.

268 (b) CONFORMING AMENDMENT.—Subparagraph (B) of section 4052(b)(1) is amended by striking clause (iii), by adding ‘‘and’’ at the end of clause (ii), and by redesignating clause (iv) as clause (iii). (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 1998.

PART II—PROVISIONS RELATED TO DISTILLED SPIRITS, WINES, AND BEER
SEC. 1411. CREDIT OR REFUND FOR IMPORTED BOTTLED DISTILLED SPIRITS RETURNED TO DISTILLED SPIRITS PLANT.

(a) IN GENERAL.—Section 5008(c)(1) (relating to distilled spirits returned to bonded premises) is amended by striking ‘‘withdrawn from bonded premises on payment or determination of tax’’ and inserting ‘‘on which tax has been determined or paid’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1412. AUTHORITY TO CANCEL OR CREDIT EXPORT BONDS WITHOUT SUBMISSION OF RECORDS.

(a) IN GENERAL.—Section 5175(c) (relating to cancellation of credit of export bonds) is amended by striking ‘‘on the submission of’’ and all that follows and inserting ‘‘if there is such proof of exportation as the Secretary may by regulations require.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1413. REPEAL OF REQUIRED MAINTENANCE OF RECORDS ON PREMISES OF DISTILLED SPIRITS PLANT.

(a) IN GENERAL.—Section 5207(c) (relating to preservation and inspection) is amended by striking ‘‘shall be kept on the premises where the operations covered by the record are carried on and’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1414. FERMENTED MATERIAL FROM ANY BREWERY MAY BE RECEIVED AT A DISTILLED SPIRITS PLANT.

(a) IN GENERAL.—Section 5222(b)(2) (relating to receipt) is amended to read as follows: ‘‘(2) beer conveyed without payment of tax from brewery premises, beer which has been lawfully removed from brewery premises upon determination of tax, or’’. (b) CLARIFICATION OF AUTHORITY TO PERMIT REMOVAL OF BEER WITHOUT PAYMENT OF TAX FOR USE AS DISTILLING MATERIAL.—Section 5053 (relating to exemptions) is amended by redesignating subsection (f) as subsection (i) and by inserting after subsection (e) the following new subsection: ‘‘(f) REMOVAL FOR USE AS DISTILLING MATERIAL.—Subject to such regulations as the Secretary may prescribe, beer may be removed from a brewery without payment of tax to any distilled spirits plant for use as distilling material.’’.

269 (c) CLARIFICATION OF REFUND AND CREDIT OF TAX.—Section 5056 (relating to refund and credit of tax, or relief from liability) is amended— (1) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ‘‘(c) BEER RECEIVED AT A DISTILLED SPIRITS PLANT.—Any tax paid by any brewer on beer produced in the United States may be refunded or credited to the brewer, without interest, or if the tax has not been paid, the brewer may be relieved of liability therefor, under regulations as the Secretary may prescribe, if such beer is received on the bonded premises of a distilled spirits plant pursuant to the provisions of section 5222(b)(2), for use in the production of distilled spirits.’’, and (2) by striking ‘‘or rendering unmerchantable’’ in subsection (d) (as so redesignated) and inserting ‘‘rendering unmerchantable, or receipt on the bonded premises of a distilled spirits plant’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1415. REPEAL OF REQUIREMENT FOR WHOLESALE DEALERS IN LIQUORS TO POST SIGN.

(a) IN GENERAL.—Section 5115 (relating to sign required on premises) is hereby repealed. (b) CONFORMING AMENDMENTS.— (1) Section 5681(a) is amended by striking ‘‘, and every wholesale dealer in liquors,’’ and by striking ‘‘section 5115(a) or’’. (2) Section 5681(c) is amended— (A) by striking ‘‘or wholesale liquor establishment, on which no sign required by section 5115(a) or’’ and inserting ‘‘on which no sign required by’’, and (B) by striking ‘‘or wholesale liquor establishment, or who’’ and inserting ‘‘or who’’. (3) The table of sections for subpart D of part II of subchapter A of chapter 51 is amended by striking the item relating to section 5115. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 1416. REFUND OF TAX TO WINE RETURNED TO BOND NOT LIMITED TO UNMERCHANTABLE WINE.

(a) IN GENERAL.—Section 5044(a) (relating to refund of tax on unmerchantable wine) is amended by striking ‘‘as unmerchantable’’. (b) CONFORMING AMENDMENTS.— (1) Section 5361 is amended by striking ‘‘unmerchantable’’. (2) The section heading for section 5044 is amended by striking ‘‘UNMERCHANTABLE’’. (3) The item relating to section 5044 in the table of sections for subpart C of part I of subchapter A of chapter 51 is amended by striking ‘‘unmerchantable’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.

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SEC. 1417. USE OF ADDITIONAL AMELIORATING MATERIAL IN CERTAIN WINES.

(a) IN GENERAL.—Section 5384(b)(2)(D) (relating to ameliorated fruit and berry wines) is amended by striking ‘‘loganberries, currants, or gooseberries,’’ and inserting ‘‘any fruit or berry with a natural fixed acid of 20 parts per thousand or more (before any correction of such fruit or berry)’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1418. DOMESTICALLY PRODUCED BEER MAY BE WITHDRAWN FREE OF TAX FOR USE OF FOREIGN EMBASSIES, LEGATIONS, ETC.

(a) IN GENERAL.—Section 5053 (relating to exemptions), as amended by section 1414(b), is amended by inserting after subsection (f) the following new subsection: ‘‘(g) REMOVALS FOR USE OF FOREIGN EMBASSIES, LEGATIONS, ETC.— ‘‘(1) IN GENERAL.—Subject to such regulations as the Secretary may prescribe— ‘‘(A) beer may be withdrawn from the brewery without payment of tax for transfer to any customs bonded warehouse for entry pending withdrawal therefrom as provided in subparagraph (B), and ‘‘(B) beer entered into any customs bonded warehouse under subparagraph (A) may be withdrawn for consumption in the United States by, and for the official and family use of, such foreign governments, organizations, and individuals as are entitled to withdraw imported beer from such warehouses free of tax. Beer transferred to any customs bonded warehouse under subparagraph (A) shall be entered, stored, and accounted for in such warehouse under such regulations and bonds as the Secretary may prescribe, and may be withdrawn therefrom by such governments, organizations, and individuals free of tax under the same conditions and procedures as imported beer. ‘‘(2) OTHER RULES TO APPLY.—Rules similar to the rules of paragraphs (2) and (3) of section 5362(e) shall apply for purposes of this subsection.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1419. BEER MAY BE WITHDRAWN FREE OF TAX FOR DESTRUCTION.

(a) IN GENERAL.—Section 5053 (relating to exemptions), as amended by section 1418(a), is amended by inserting after subsection (g) the following new subsection: ‘‘(h) REMOVALS FOR DESTRUCTION.—Subject to such regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for destruction.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.

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SEC. 1420. AUTHORITY TO ALLOW DRAWBACK ON EXPORTED BEER WITHOUT SUBMISSION OF RECORDS.

(a) IN GENERAL.—The first sentence of section 5055 (relating to drawback of tax on beer) is amended by striking ‘‘found to have been paid’’ and all that follows and inserting ‘‘paid on such beer if there is such proof of exportation as the Secretary may by regulations require.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1421. TRANSFER TO BREWERY OF BEER IMPORTED IN BULK WITHOUT PAYMENT OF TAX.

(a) IN GENERAL.—Part II of subchapter G of chapter 51 is amended by adding at the end the following new section:
‘‘SEC. 5418. BEER IMPORTED IN BULK.

‘‘Beer imported or brought into the United States in bulk containers may, under such regulations as the Secretary may prescribe, be withdrawn from customs custody and transferred in such bulk containers to the premises of a brewery without payment of the internal revenue tax imposed on such beer. The proprietor of a brewery to which such beer is transferred shall become liable for the tax on the beer withdrawn from customs custody under this section upon release of the beer from customs custody, and the importer, or the person bringing such beer into the United States, shall thereupon be relieved of the liability for such tax.’’. (b) CLERICAL AMENDMENT.—The table of sections for such part II is amended by adding at the end the following new item:
‘‘Sec. 5418. Beer imported in bulk.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.
SEC. 1422. TRANSFER TO BONDED WINE CELLARS OF WINE IMPORTED IN BULK WITHOUT PAYMENT OF TAX.

(a) IN GENERAL.—Part II of subchapter F of chapter 51 is amended by inserting after section 5363 the following new section:
‘‘SEC. 5364. WINE IMPORTED IN BULK.

‘‘Wine imported or brought into the United States in bulk containers may, under such regulations as the Secretary may prescribe, be withdrawn from customs custody and transferred in such bulk containers to the premises of a bonded wine cellar without payment of the internal revenue tax imposed on such wine. The proprietor of a bonded wine cellar to which such wine is transferred shall become liable for the tax on the wine withdrawn from customs custody under this section upon release of the wine from customs custody, and the importer, or the person bringing such wine into the United States, shall thereupon be relieved of the liability for such tax.’’. (b) CLERICAL AMENDMENT.—The table of sections for such part II is amended by inserting after the item relating to section 5363 the following new item:
‘‘Sec. 5364. Wine imported in bulk.’’.

272 (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act.

PART III—OTHER EXCISE TAX PROVISIONS
SEC. 1431. AUTHORITY TO GRANT EXEMPTIONS FROM REGISTRATION REQUIREMENTS.

(a) IN GENERAL.—Section 4222(b)(2) (relating to export) is amended— (1) by striking ‘‘in the case of any sale or resale for export,’’, and (2) by striking ‘‘EXPORT’’ and inserting ‘‘UNDER REGULATIONS’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
SEC. 1432. REPEAL OF EXPIRED PROVISIONS.

(a) PIGGY-BACK TRAILERS.—Section 4051 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) DEEP SEABED MINING.— (1) IN GENERAL.—Subchapter F of chapter 36 (relating to tax on removal of hard mineral resources from deep seabed) is hereby repealed. (2) CONFORMING AMENDMENT.—The table of subchapters for chapter 36 is amended by striking the item relating to subchapter F. (c) OZONE-DEPLETING CHEMICALS.— (1) Paragraph (1) of section 4681(b) is amended by striking subparagraphs (B) and (C) and inserting the following new subparagraph: ‘‘(B) BASE TAX AMOUNT.—The base tax amount for purposes of subparagraph (A) with respect to any sale or use during any calendar year after 1995 shall be $5.35 increased by 45 cents for each year after 1995.’’. (2) Subsection (g) of section 4682 is amended to read as follows: ‘‘(g) CHEMICALS USED AS PROPELLANTS IN METERED-DOSE INHALERS.— ‘‘(1) EXEMPTION FROM TAX.— ‘‘(A) IN GENERAL.—No tax shall be imposed by section 4681 on— ‘‘(i) any use of any substance as a propellant in metered-dose inhalers, or ‘‘(ii) any qualified sale by the manufacturer, producer, or importer of any substance. ‘‘(B) QUALIFIED SALE.—For purposes of subparagraph (A), the term ‘qualified sale’ means any sale by the manufacturer, producer, or importer of any substance— ‘‘(i) for use by the purchaser as a propellant in metered dose inhalers, or ‘‘(ii) for resale by the purchaser to a 2d purchaser for such use by the 2d purchaser.

273 The preceding sentence shall apply only if the manufacturer, producer, and importer, and the 1st and 2d purchasers (if any) meet such registration requirements as may be prescribed by the Secretary. ‘‘(2) OVERPAYMENTS.—If any substance on which tax was paid under this subchapter is used by any person as a propellant in metered-dose inhalers, credit or refund without interest shall be allowed to such person in an amount equal to the tax so paid. Amounts payable under the preceding sentence with respect to uses during the taxable year shall be treated as described in section 34(a) for such year unless claim thereof has been timely filed under this paragraph.’’.
SEC. 1433. SIMPLIFICATION OF IMPOSITION OF EXCISE TAX ON ARROWS.

(a) IN GENERAL.—Subsection (b) of section 4161 (relating to imposition of tax) is amended to read as follows: ‘‘(b) BOWS AND ARROWS, ETC.— ‘‘(1) BOWS.— ‘‘(A) IN GENERAL.—There is hereby imposed on the sale by the manufacturer, producer, or importer of any bow which has a draw weight of 10 pounds or more, a tax equal to 11 percent of the price for which so sold. ‘‘(B) PARTS AND ACCESSORIES.—There is hereby imposed upon the sale by the manufacturer, producer, or importer— ‘‘(i) of any part of accessory suitable for inclusion in or attachment to a bow described in subparagraph (A), and ‘‘(ii) of any quiver suitable for use with arrows described in paragraph (2), a tax equivalent to 11 percent of the price for which so sold. ‘‘(2) ARROWS.—There is hereby imposed on the sale by the manufacturer, producer, or importer of any shaft, point, nock, or vane of a type used in the manufacture of any arrow which after its assembly— ‘‘(A) measures 18 inches overall or more in length, or ‘‘(B) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A), a tax equal to 12.4 percent of the price for which so sold. ‘‘(3) COORDINATION WITH SUBSECTION (a).—No tax shall be imposed under this subsection with respect to any article taxable under subsection (a).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to articles sold by the manufacturer, producer, or importer after September 30 1997.
SEC. 1434. MODIFICATIONS TO RETAIL TAX ON HEAVY TRUCKS.

(a) CERTAIN REPAIRS AND MODIFICATIONS NOT TREATED AS MANUFACTURE.—Section 4052 is amended by redesignating the subsection defining a long-term lease as subsection (e) and by adding at the end the following new subsection: ‘‘(f) CERTAIN REPAIRS AND MODIFICATIONS NOT TREATED AS MANUFACTURE.—

274 ‘‘(1) IN GENERAL.—An article described in section 4051(a)(1) shall not be treated as manufactured or produced solely by reason of repairs or modifications to the article (including any modification which changes the transportation function of the article or restores a wrecked article to a functional condition) if the cost of such repairs and modifications does not exceed 75 percent of the retail price of a comparable new article. ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply if the article (as repaired or modified) would, if new, be taxable under section 4051 and the article when new was not taxable under this section or the corresponding provision of prior law.’’. (b) SIMPLIFICATION OF CERTIFICATION PROCEDURES WITH RESPECT TO SALES OF TAXABLE ARTICLES.— (1) REPEAL OF REGISTRATION REQUIREMENT.—Subsection (d) of section 4052 is amended by striking ‘‘rules of—’’ and all that follows through ‘‘shall apply’’ and inserting ‘‘rules of subsections (c) and (d) of section 4216 (relating to partial payments) shall apply’’. (2) REQUIREMENT TO MODIFY REGULATIONS.—Section 4052 is amended by adding at the end the following new subsection: ‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations which permit, in lieu of any other certification, persons who are purchasing articles taxable under this subchapter for resale or leasing in a long-term lease to execute a statement (made under penalties of perjury) on the sale invoice that such sale is for resale. The Secretary shall not impose any registration requirement as a condition of using such procedure.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 1998.
SEC. 1435. SKYDIVING FLIGHTS EXEMPT FROM TAX ON TRANSPORTATION OF PERSONS BY AIR.

(a) IN GENERAL.—Section 4261 (relating to imposition of tax on transportation of persons by air), as previously amended by this Act, is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ‘‘(h) EXEMPTION FOR SKYDIVING USES.—No tax shall be imposed by this section or section 4271 on any air transportation exclusively for the purpose of skydiving.’’. (b) TRANSPORTATION TREATED AS NONCOMMERCIAL AVIATION.— The last sentence of section 4041(c)(2) is amended by inserting before the period ‘‘or by reason of section 4261(h)’’. (c) EFFECTIVE DATES.— (1) SUBSECTION (a).—The amendment made by subsection (a) shall apply to amounts paid after September 30, 1997. (2) SUBSECTION (b).—The amendment made by subsection (b) shall take effect on October 1, 1997.
SEC. 1436. ALLOWANCE OR CREDIT OF REFUND FOR TAX-PAID AVIATION FUEL PURCHASED BY REGISTERED PRODUCER OF AVIATION FUEL.

(a) IN GENERAL.—Section 4091 (relating to aviation fuel) is amended by adding at the end the following new subsection: ‘‘(d) REFUND OF TAX-PAID AVIATION FUEL TO REGISTERED PRODUCER OF FUEL.—If—

275 ‘‘(1) a producer of aviation fuel is registered under section 4101, and ‘‘(2) such producer establishes to the satisfaction of the Secretary that a prior tax was paid (and not credited or refunded) on aviation fuel held by such producer, then an amount equal to the tax so paid shall be allowed as a refund (without interest) to such producer in the same manner as if it were an overpayment of tax imposed by this section.’’. (b) CONFORMING AMENDMENT.—The last sentence of section 6416(d) is amended by inserting before the period ‘‘or to the tax imposed by section 4091 in the case of refunds described in section 4091(d)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to fuel acquired by the producer after September 30, 1997.

Subtitle B—Tax-Exempt Bond Provisions
SEC. 1441. REPEAL OF $100,000 LIMITATION ON UNSPENT PROCEEDS UNDER 1-YEAR EXCEPTION FROM REBATE.

Subclause (I) of section 148(f)(4)(B)(ii) (relating to additional period for certain bonds) is amended by striking ‘‘the lesser of 5 percent of the proceeds of the issue or $100,000’’ and inserting ‘‘5 percent of the proceeds of the issue’’.
SEC. 1442. EXCEPTION FROM REBATE FOR EARNINGS ON BONA FIDE DEBT SERVICE FUND UNDER CONSTRUCTION BOND RULES.

Subparagraph (C) of section 148(f)(4) is amended by adding at the end the following new clause: ‘‘(xvii) TREATMENT OF BONA FIDE DEBT SERVICE FUNDS.—If the spending requirements of clause (ii) are met with respect to the available construction proceeds of a construction issue, then paragraph (2) shall not apply to earnings on a bona fide debt service fund for such issue.’’.
SEC. 1443. REPEAL OF DEBT SERVICE-BASED LIMITATION ON INVESTMENT IN CERTAIN NONPURPOSE INVESTMENTS.

Subsection (d) of section 148 (relating to special rules for reasonably required reserve or replacement fund) is amended by striking paragraph (3).
SEC. 1444. REPEAL OF EXPIRED PROVISIONS.

(a) Paragraph (2) of section 148(c) is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (b) Paragraph (4) of section 148(f) is amended by striking subparagraph (E).
SEC. 1445. EFFECTIVE DATE.

The amendments made by this subtitle shall apply to bonds issued after the date of the enactment of this Act.

276

Subtitle C—Tax Court Procedures
SEC. 1451. OVERPAYMENT DETERMINATIONS OF TAX COURT.

(a) APPEAL OF ORDER.—Paragraph (2) of section 6512(b) (relating to jurisdiction to enforce) is amended by adding at the end the following new sentence: ‘‘An order of the Tax Court disposing of a motion under this paragraph shall be reviewable in the same manner as a decision of the Tax Court, but only with respect to the matters determined in such order.’’. (b) DENIAL OF JURISDICTION REGARDING CERTAIN CREDITS AND REDUCTIONS.—Subsection (b) of section 6512 (relating to overpayment determined by Tax Court) is amended by adding at the end the following new paragraph: ‘‘(4) DENIAL OF JURISDICTION REGARDING CERTAIN CREDITS AND REDUCTIONS.—The Tax Court shall have no jurisdiction under this subsection to restrain or review any credit or reduction made by the Secretary under section 6402.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 1452. REDETERMINATION OF INTEREST PURSUANT TO MOTION.

(a) IN GENERAL.—Subsection (c) of section 7481 (relating to jurisdiction over interest determinations) is amended to read as follows: ‘‘(c) JURISDICTION OVER INTEREST DETERMINATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a), if, within 1 year after the date the decision of the Tax Court becomes final under subsection (a) in a case to which this subsection applies, the taxpayer files a motion in the Tax Court for a redetermination of the amount of interest involved, then the Tax Court may reopen the case solely to determine whether the taxpayer has made an overpayment of such interest or the Secretary has made an underpayment of such interest and the amount thereof. ‘‘(2) CASES TO WHICH THIS SUBSECTION APPLIES.—This subsection shall apply where— ‘‘(A)(i) an assessment has been made by the Secretary under section 6215 which includes interest as imposed by this title, and ‘‘(ii) the taxpayer has paid the entire amount of the deficiency plus interest claimed by the Secretary, and ‘‘(B) the Tax Court finds under section 6512(b) that the taxpayer has made an overpayment. ‘‘(3) SPECIAL RULES.—If the Tax Court determines under this subsection that the taxpayer has made an overpayment of interest or that the Secretary has made an underpayment of interest, then that determination shall be treated under section 6512(b)(1) as a determination of an overpayment of tax. An order of the Tax Court redetermining interest, when entered upon the records of the court, shall be reviewable in the same manner as a decision of the Tax Court.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of the enactment of this Act.

277
SEC. 1453. APPLICATION OF NET WORTH REQUIREMENT FOR AWARDS OF LITIGATION COSTS.

(a) IN GENERAL.—Paragraph (4) of section 7430(c) (defining prevailing party) is amended by adding at the end thereof the following new subparagraph: ‘‘(D) SPECIAL RULES FOR APPLYING NET WORTH REQUIREMENT.—In applying the requirements of section 2412(d)(2)(B) of title 28, United States Code, for purposes of subparagraph (A)(iii) of this paragraph— ‘‘(i) the net worth limitation in clause (i) of such section shall apply to— ‘‘(I) an estate but shall be determined as of the date of the decedent’s death, and ‘‘(II) a trust but shall be determined as of the last day of the taxable year involved in the proceeding, and ‘‘(ii) individuals filing a joint return shall be treated as separate individuals for purposes of clause (i) of such section.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to proceedings commenced after the date of the enactment of this Act.
SEC. 1454. PROCEEDINGS FOR DETERMINATION OF EMPLOYMENT STATUS.

(a) IN GENERAL.—Subchapter B of chapter 76 (relating to proceedings by taxpayers and third parties) is amended by redesignating section 7436 as section 7437 and by inserting after section 7435 the following new section:
‘‘SEC. 7436. PROCEEDINGS FOR DETERMINATION OF EMPLOYMENT STATUS.

‘‘(a) CREATION OF REMEDY.—If, in connection with an audit of any person, there is an actual controversy involving a determination by the Secretary as part of an examination that— ‘‘(1) one or more individuals performing services for such person are employees of such person for purposes of subtitle C, or ‘‘(2) such person is not entitled to the treatment under subsection (a) of section 530 of the Revenue Act of 1978 with respect to such an individual, upon the filing of an appropriate pleading, the Tax Court may determine whether such a determination by the Secretary is correct. Any such redetermination by the Tax Court shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. ‘‘(b) LIMITATIONS.— ‘‘(1) PETITIONER.—A pleading may be filed under this section only by the person for whom the services are performed. ‘‘(2) TIME FOR FILING ACTION.—If the Secretary sends by certified or registered mail notice to the petitioner of a determination by the Secretary described in subsection (a), no proceeding may be initiated under this section with respect to such determination unless the pleading is filed before the 91st day after the date of such mailing. ‘‘(3) NO ADVERSE INFERENCE FROM TREATMENT WHILE ACTION IS PENDING.—If, during the pendency of any proceeding

278 brought under this section, the petitioner changes his treatment for employment tax purposes of any individual whose employment status as an employee is involved in such proceeding (or of any individual holding a substantially similar position) to treatment as an employee, such change shall not be taken into account in the Tax Court’s determination under this section. ‘‘(c) SMALL CASE PROCEDURES.— ‘‘(1) IN GENERAL.—At the option of the petitioner, concurred in by the Tax Court or a division thereof before the hearing of the case, proceedings under this section may (notwithstanding the provisions of section 7453) be conducted subject to the rules of evidence, practice, and procedure applicable under section 7463 if the amount of employment taxes placed in dispute is $10,000 or less for each calendar quarter involved. ‘‘(2) FINALITY OF DECISIONS.—A decision entered in any proceeding conducted under this subsection shall not be reviewed in any other court and shall not be treated as a precedent for any other case not involving the same petitioner and the same determinations. ‘‘(3) CERTAIN RULES TO APPLY.—Rules similar to the rules of the last sentence of subsection (a), and subsections (c), (d), and (e), of section 7463 shall apply to proceedings conducted under this subsection. ‘‘(d) SPECIAL RULES.— ‘‘(1) RESTRICTIONS ON ASSESSMENT AND COLLECTION PENDING ACTION, ETC.—The principles of subsections (a), (b), (c), (d), and (f) of section 6213, section 6214(a), section 6215, section 6503(a), section 6512, and section 7481 shall apply to proceedings brought under this section in the same manner as if the Secretary’s determination described in subsection (a) were a notice of deficiency. ‘‘(2) AWARDING OF COSTS AND CERTAIN FEES.—Section 7430 shall apply to proceedings brought under this section. ‘‘(e) EMPLOYMENT TAX.—The term ‘employment tax’ means any tax imposed by subtitle C.’’. (b) CONFORMING AMENDMENTS.— (1) Subsection (d) of section 6511 is amended by adding at the end the following new paragraph: ‘‘(7) SPECIAL PERIOD OF LIMITATION WITH RESPECT TO SELFEMPLOYMENT TAX IN CERTAIN CASES.—If— ‘‘(A) the claim for credit or refund relates to an overpayment of the tax imposed by chapter 2 (relating to the tax on self-employment income) attributable to Tax Court determination in a proceeding under section 7436, and ‘‘(B) the allowance of a credit or refund of such overpayment is otherwise prevented by the operation of any law or rule of law other than section 7122 (relating to compromises), such credit or refund may be allowed or made if claim therefor is filed on or before the last day of the second year after the calendar year in which such determination becomes final.’’. (2) Subsection (a) of section 7421 is amended by striking ‘‘and 7429(b)’’ and inserting ‘‘7429(b), and 7436’’.

279 (3) Sections 7453 and 7481(b) are each amended by striking ‘‘section 7463’’ and inserting ‘‘section 7436(c) or 7463’’. (4) The table of sections for subchapter B of chapter 76 is amended by striking the last item and inserting the following:
‘‘Sec. 7436. Proceedings for determination of employment status. ‘‘Sec. 7437. Cross references.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

Subtitle D—Other Provisions
SEC. 1461. EXTENSION OF DUE DATE OF FIRST QUARTER ESTIMATED TAX PAYMENT BY PRIVATE FOUNDATIONS.

(a) IN GENERAL.—Paragraph (3) of section 6655(g) is amended by adding at the end the following new sentence: ‘‘In the case of a private foundation, subsection (c)(2) shall be applied by substituting ‘May 15’ for ‘April 15’.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply for purposes of determining underpayments of estimated tax for taxable years beginning after the date of the enactment of this Act.
SEC. 1462. CLARIFICATION OF AUTHORITY TO WITHHOLD PUERTO RICO INCOME TAXES FROM SALARIES OF FEDERAL EMPLOYEES.

(a) IN GENERAL.—Subsection (c) of section 5517 of title 5, United States Code, is amended by striking ‘‘or territory or possession’’ and inserting ‘‘, territory, possession, or commonwealth’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on January 1, 1998.
SEC. 1463. CERTAIN NOTICES DISREGARDED UNDER PROVISION INCREASING INTEREST RATE ON LARGE CORPORATE UNDERPAYMENTS.

(a) GENERAL RULE.—Subparagraph (B) of section 6621(c)(2) (defining applicable date) is amended by adding at the end the following new clause: ‘‘(iii) EXCEPTION FOR LETTERS OR NOTICES INVOLVING SMALL AMOUNTS.—For purposes of this paragraph, any letter or notice shall be disregarded if the amount of the deficiency or proposed deficiency (or the assessment or proposed assessment) set forth in such letter or notice is not greater than $100,000 (determined by not taking into account any interest, penalties, or additions to tax).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply for purposes of determining interest for periods after December 31, 1997.

280

TITLE XV—PENSIONS AND EMPLOYEE BENEFITS Subtitle A—Simplification
SEC. 1501. MATCHING CONTRIBUTIONS OF SELF-EMPLOYED INDIVIDUALS NOT TREATED AS ELECTIVE EMPLOYER CONTRIBUTIONS.

(a) IN GENERAL.—Section 402(g) (relating to limitation on exclusion for elective deferrals) is amended by adding at the end the following: ‘‘(9) MATCHING CONTRIBUTIONS ON BEHALF OF SELF-EMPLOYED INDIVIDUALS NOT TREATED AS ELECTIVE EMPLOYER CONTRIBUTIONS.—Except as provided in section 401(k)(3)(D)(ii), any matching contribution described in section 401(m)(4)(A) which is made on behalf of a self-employed individual (as defined in section 401(c)) shall not be treated as an elective employer contribution under a qualified cash or deferred arrangement (as defined in section 401(k)) for purposes of this title.’’. (b) CONFORMING AMENDMENT FOR SIMPLE RETIREMENT ACCOUNTS.—Section 408(p) (relating to simple retirement accounts) is amended by adding at the end the following: ‘‘(8) MATCHING CONTRIBUTIONS ON BEHALF OF SELF-EMPLOYED INDIVIDUALS NOT TREATED AS ELECTIVE EMPLOYER CONTRIBUTIONS.—Any matching contribution described in paragraph (2)(A)(iii) which is made on behalf of a self-employed individual (as defined in section 401(c)) shall not be treated as an elective employer contribution to a simple retirement account for purposes of this title.’’. (c) EFFECTIVE DATES.— (1) ELECTIVE DEFERRALS.—The amendment made by subsection (a) shall apply to years beginning after December 31, 1997. (2) SIMPLE RETIREMENT ACCOUNTS.—The amendment made by subsection (b) shall apply to years beginning after December 31, 1996.
SEC. 1502. MODIFICATION OF PROHIBITION OF ASSIGNMENT OR ALIENATION.

(a) AMENDMENT TO ERISA.—Section 206(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)) is amended by adding at the end the following: ‘‘(4) Paragraph (1) shall not apply to any offset of a participant’s benefits provided under an employee pension benefit plan against an amount that the participant is ordered or required to pay to the plan if— ‘‘(A) the order or requirement to pay arises— ‘‘(i) under a judgment of conviction for a crime involving such plan, ‘‘(ii) under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation (or alleged violation) of part 4 of this subtitle, or

281 ‘‘(iii) pursuant to a settlement agreement between the Secretary and the participant, or a settlement agreement between the Pension Benefit Guaranty Corporation and the participant, in connection with a violation (or alleged violation) of part 4 of this subtitle by a fiduciary or any other person, ‘‘(B) the judgment, order, decree, or settlement agreement expressly provides for the offset of all or part of the amount ordered or required to be paid to the plan against the participant’s benefits provided under the plan, and ‘‘(C) in a case in which the survivor annuity requirements of section 205 apply with respect to distributions from the plan to the participant, if the participant has a spouse at the time at which the offset is to be made— ‘‘(i) either— ‘‘(I) such spouse has consented in writing to such offset and such consent is witnessed by a notary public or representative of the plan (or it is established to the satisfaction of a plan representative that such consent may not be obtained by reason of circumstances described in section 205(c)(2)(B)), or ‘‘(II) an election to waive the right of the spouse to a qualified joint and survivor annuity or a qualified preretirement survivor annuity is in effect in accordance with the requirements of section 205(c), ‘‘(ii) such spouse is ordered or required in such judgment, order, decree, or settlement to pay an amount to the plan in connection with a violation of part 4 of this subtitle, or ‘‘(iii) in such judgment, order, decree, or settlement, such spouse retains the right to receive the survivor annuity under a qualified joint and survivor annuity provided pursuant to section 205(a)(1) and under a qualified preretirement survivor annuity provided pursuant to section 205(a)(2), determined in accordance with paragraph (5). A plan shall not be treated as failing to meet the requirements of section 205 solely by reason of an offset under this paragraph. ‘‘(5)(A) The survivor annuity described in paragraph (4)(C)(iii) shall be determined as if— ‘‘(i) the participant terminated employment on the date of the offset, ‘‘(ii) there was no offset, ‘‘(iii) the plan permitted commencement of benefits only on or after normal retirement age, ‘‘(iv) the plan provided only the minimum-required qualified joint and survivor annuity, and ‘‘(v) the amount of the qualified preretirement survivor annuity under the plan is equal to the amount of the survivor annuity payable under the minimum-required qualified joint and survivor annuity. ‘‘(B) For purposes of this paragraph, the term ‘minimum-required qualified joint and survivor annuity’ means the qualified joint and survivor annuity which is the actuarial equivalent of the participant’s accrued benefit (within the meaning of section 3(23))

282 and under which the survivor annuity is 50 percent of the amount of the annuity which is payable during the joint lives of the participant and the spouse.’’. (b) AMENDMENT TO 1986 CODE.—Section 401(a)(13) (relating to assignment and alienation) is amended by adding at the end the following: ‘‘(C) SPECIAL RULE FOR CERTAIN JUDGMENTS AND SETTLEMENTS.—Subparagraph (A) shall not apply to any offset of a participant’s benefits provided under a plan against an amount that the participant is ordered or required to pay to the plan if— ‘‘(i) the order or requirement to pay arises— ‘‘(I) under a judgment of conviction for a crime involving such plan, ‘‘(II) under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation (or alleged violation) of part 4 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or ‘‘(III) pursuant to a settlement agreement between the Secretary of Labor and the participant, or a settlement agreement between the Pension Benefit Guaranty Corporation and the participant, in connection with a violation (or alleged violation) of part 4 of such subtitle by a fiduciary or any other person, ‘‘(ii) the judgment, order, decree, or settlement agreement expressly provides for the offset of all or part of the amount ordered or required to be paid to the plan against the participant’s benefits provided under the plan, and ‘‘(iii) in a case in which the survivor annuity requirements of section 401(a)(11) apply with respect to distributions from the plan to the participant, if the participant has a spouse at the time at which the offset is to be made— ‘‘(I) either such spouse has consented in writing to such offset and such consent is witnessed by a notary public or representative of the plan (or it is established to the satisfaction of a plan representative that such consent may not be obtained by reason of circumstances described in section 417(a)(2)(B)), or an election to waive the right of the spouse to either a qualified joint and survivor annuity or a qualified preretirement survivor annuity is in effect in accordance with the requirements of section 417(a), ‘‘(II) such spouse is ordered or required in such judgment, order, decree, or settlement to pay an amount to the plan in connection with a violation of part 4 of such subtitle, or ‘‘(III) in such judgment, order, decree, or settlement, such spouse retains the right to receive the

283 survivor annuity under a qualified joint and survivor annuity provided pursuant to section 401(a)(11)(A)(i) and under a qualified preretirement survivor annuity provided pursuant to section 401(a)(11)(A)(ii), determined in accordance with subparagraph (D). A plan shall not be treated as failing to meet the requirements of this subsection, subsection (k), section 403(b), or section 409(d) solely by reason of an offset described in this subparagraph. ‘‘(D) SURVIVOR ANNUITY.— ‘‘(i) IN GENERAL.—The survivor annuity described in subparagraph (C)(iii)(III) shall be determined as if— ‘‘(I) the participant terminated employment on the date of the offset, ‘‘(II) there was no offset, ‘‘(III) the plan permitted commencement of benefits only on or after normal retirement age, ‘‘(IV) the plan provided only the minimum-required qualified joint and survivor annuity, and ‘‘(V) the amount of the qualified preretirement survivor annuity under the plan is equal to the amount of the survivor annuity payable under the minimum-required qualified joint and survivor annuity. ‘‘(ii) DEFINITION.—For purposes of this subparagraph, the term ‘minimum-required qualified joint and survivor annuity’ means the qualified joint and survivor annuity which is the actuarial equivalent of the participant’s accrued benefit (within the meaning of section 411(a)(7)) and under which the survivor annuity is 50 percent of the amount of the annuity which is payable during the joint lives of the participant and the spouse.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to judgments, orders, and decrees issued, and settlement agreements entered into, on or after the date of the enactment of this Act.
SEC. 1503. ELIMINATION OF PAPERWORK BURDENS ON PLANS.

(a) ELIMINATION OF UNNECESSARY FILING REQUIREMENTS.— Section 101(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(b)) is amended by striking paragraphs (1), (2), and (3) and by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively. (b) ELIMINATION OF PLAN DESCRIPTION.— (1) IN GENERAL.—Section 102(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022(a)) is amended— (A) by striking paragraph (2), and (B) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’. (2) CONFORMING AMENDMENTS.— (A) Section 102(b) of such Act (29 U.S.C. 1022(b)) is amended by striking ‘‘The plan description and summary

284 plan description shall contain’’ and inserting ‘‘The summary plan description shall contain’’. (B) The heading for section 102 of such Act is amended by striking ‘‘PLAN DESCRIPTION AND’’. (c) FURNISHING OF REPORTS.— (1) IN GENERAL.—Section 104(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(1)) is amended to read as follows: ‘‘SEC. 104. (a)(1) The administrator of any employee benefit plan subject to this part shall file with the Secretary the annual report for a plan year within 210 days after the close of such year (or within such time as may be required by regulations promulgated by the Secretary in order to reduce duplicative filing). The Secretary shall make copies of such annual reports available for inspection in the public document room of the Department of Labor.’’. (2) SECRETARY MAY REQUEST DOCUMENTS.— (A) IN GENERAL.—Section 104(a) of such Act (29 U.S.C. 1024(a)) is amended by adding at the end the following: ‘‘(6) The administrator of any employee benefit plan subject to this part shall furnish to the Secretary, upon request, any documents relating to the employee benefit plan, including but not limited to, the latest summary plan description (including any summaries of plan changes not contained in the summary plan description), and the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated.’’. (B) PENALTY.—Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following: ‘‘(6) If, within 30 days of a request by the Secretary to a plan administrator for documents under section 104(a)(6), the plan administrator fails to furnish the material requested to the Secretary, the Secretary may assess a civil penalty against the plan administrator of up to $100 a day from the date of such failure (but in no event in excess of $1,000 per request). No penalty shall be imposed under this paragraph for any failure resulting from matters reasonably beyond the control of the plan administrator.’’. (d) CONFORMING AMENDMENTS.— (1) Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1)) is amended by striking ‘‘section 102(a)(1)’’ each place it appears and inserting ‘‘section 102(a)’’. (2) Section 104(b)(2) of such Act (29 U.S.C. 1024(b)(2)) is amended by striking ‘‘the plan description and’’ and inserting ‘‘the latest updated summary plan description and’’. (3) Section 104(b)(4) of such Act (29 U.S.C. 1024(b)(4)) is amended by striking ‘‘plan description’’. (4) Section 106(a) of such Act (29 U.S.C. 1026(a)) is amended by striking ‘‘descriptions,’’. (5) Section 107 of such Act (29 U.S.C. 1027) is amended by striking ‘‘description or’’. (6) Section 108(2)(B) of such Act (29 U.S.C. 1028(2)(B)) is amended by striking ‘‘plan descriptions, annual reports,’’ and inserting ‘‘annual reports’’.

285 (7) Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ‘‘or (5)’’ and inserting ‘‘(5), or (6)’’. (e) TECHNICAL CORRECTION.—Section 1144(c) of the Social Security Act (42 U.S.C. 1320b–14(c)) is amended by redesignating paragraph (9) as paragraph (8).
SEC. 1504. MODIFICATION OF 403(b) EXCLUSION ALLOWANCE TO CONFORM TO 415 MODIFICATIONS.

(a) DEFINITION OF COMPENSATION.— (1) IN GENERAL.—Section 403(b)(3) (defining includible compensation) is amended by adding at the end the following: ‘‘Such term includes— ‘‘(A) any elective deferral (as defined in section 402(g)(3)), and ‘‘(B) any amount which is contributed or deferred by the employer at the election of the employee and which is not includible in the gross income of the employee by reason of section 125 or 457.’’. (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to years beginning after December 31, 1997. (b) REPEAL OF RULES IN SECTION 415(e).—The Secretary of the Treasury shall modify the regulations regarding the exclusion allowance under section 403(b)(2) of the Internal Revenue Code of 1986 to reflect the amendment made by section 1452(a) of the Small Business Job Protection Act of 1996. Such modification shall take effect for years beginning after December 31, 1999.
SEC. 1505. EXTENSION OF MORATORIUM ON APPLICATION OF CERTAIN NONDISCRIMINATION RULES TO STATE AND LOCAL GOVERNMENTS.

(a) GENERAL NONDISCRIMINATION AND PARTICIPATION RULES.— (1) NONDISCRIMINATION REQUIREMENTS.—Section 401(a)(5) (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by adding at the end the following: ‘‘(G) STATE AND LOCAL GOVERNMENTAL PLANS.—Paragraphs (3) and (4) shall not apply to a governmental plan (within the meaning of section 414(d)) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof).’’. (2) ADDITIONAL PARTICIPATION REQUIREMENTS.—Section 401(a)(26)(H) (relating to additional participation requirements) is amended to read as follows: ‘‘(H) EXCEPTION FOR STATE AND LOCAL GOVERNMENTAL PLANS.—This paragraph shall not apply to a governmental plan (within the meaning of section 414(d)) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof).’’. (3) MINIMUM PARTICIPATION STANDARDS.—Section 410(c)(2) (relating to application of participation standards to certain plans) is amended to read as follows: ‘‘(2) A plan described in paragraph (1) shall be treated as meeting the requirements of this section for purposes of section 401(a), except that in the case of a plan described in subparagraph (B), (C), or (D) of paragraph (1), this paragraph shall apply only if such plan meets the requirements of section 401(a)(3) (as in effect on September 1, 1974).’’.

286
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(b) PARTICIPATION AND DISCRIMINATION STANDARDS FOR QUALICASH OR DEFERRED ARRANGEMENTS.—Section 401(k)(3) (relating to application of participation and discrimination standards) is amended by adding at the end the following: ‘‘(G) A governmental plan (within the meaning of section 414(d)) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof) shall be treated as meeting the requirements of this paragraph.’’. (c) NONDISCRIMINATION RULES FOR SECTION 403(b) PLANS.— Section 403(b)(12) (relating to nondiscrimination requirements) is amended by adding at the end the following: ‘‘(C) STATE AND LOCAL GOVERNMENTAL PLANS.—For purposes of paragraph (1)(D), the requirements of subparagraph (A)(i) (other than those relating to section 401(a)(17)) shall not apply to a governmental plan (within the meaning of section 414(d)) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof).’’. (d) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section apply to taxable years beginning on or after the date of enactment of this Act. (2) TREATMENT FOR YEARS BEGINNING BEFORE DATE OF ENACTMENT.—A governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986) maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof) shall be treated as satisfying the requirements of sections 401(a)(3), 401(a)(4), 401(a)(26), 401(k), 401(m), 403 (b)(1)(D) and (b)(12), and 410 of such Code for all taxable years beginning before the date of enactment of this Act. (a) CERTAIN CASH DISTRIBUTIONS PERMITTED.— (1) Paragraph (2) of section 409(h) is amended by adding at the end the following new subparagraph: ‘‘(B) EXCEPTION FOR CERTAIN PLANS RESTRICTED FROM DISTRIBUTING SECURITIES.— ‘‘(i) IN GENERAL.—A plan to which this subparagraph applies shall not be treated as failing to meet the requirements of this subsection or section 401(a) merely because it does not permit a participant to exercise the right described in paragraph (1)(A) if such plan provides that the participant entitled to a distribution has a right to receive the distribution in cash, except that such plan may distribute employer securities subject to a requirement that such securities may be resold to the employer under terms which meet the requirements of paragraph (1)(B). ‘‘(ii) APPLICABLE PLANS.—This subparagraph shall apply to a plan which otherwise meets the requirements of this subsection or section 4975(e)(7) and which is established and maintained by—

SEC. 1506. CLARIFICATION OF CERTAIN RULES RELATING TO EMPLOYEE STOCK OWNERSHIP PLANS OF S CORPORATIONS.

287 ‘‘(I) an employer whose charter or bylaws restrict the ownership of substantially all outstanding employer securities to employees or to a trust described in section 401(a), or ‘‘(II) an S corporation.’’ (2) Paragraph (2) of section 409(h), as in effect before the amendment made by paragraph (1), is amended— (A) by striking ‘‘A plan which’’ in the first sentence and inserting the following: ‘‘(A) IN GENERAL.—A plan which’’, and (B) by striking the last sentence. (b) CERTAIN SHAREHOLDER-EMPLOYEES NOT TREATED AS OWNER-EMPLOYEES.— (1) AMENDMENT TO 1986 CODE.— (A) IN GENERAL.—Section 4975(f) is amended by adding at the end the following new paragraph: ‘‘(6) EXEMPTIONS NOT TO APPLY TO CERTAIN TRANSACTIONS.— ‘‘(A) IN GENERAL.—In the case of a trust described in section 401(a) which is part of a plan providing contributions or benefits for employees some or all of whom are owner-employees (as defined in section 401(c)(3)), the exemptions provided by subsection (d) (other than paragraphs (9) and (12)) shall not apply to a transaction in which the plan directly or indirectly— ‘‘(i) lends any part of the corpus or income of the plan to, ‘‘(ii) pays any compensation for personal services rendered to the plan to, or ‘‘(iii) acquires for the plan any property from, or sells any property to, any such owner-employee, a member of the family (as defined in section 267(c)(4)) of any such owner-employee, or any corporation in which any such owner-employee owns, directly or indirectly, 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. ‘‘(B) SPECIAL RULES FOR SHAREHOLDER-EMPLOYEES, ETC.— ‘‘(i) IN GENERAL.—For purposes of subparagraph (A), the following shall be treated as owner-employees: ‘‘(I) A shareholder-employee. ‘‘(II) A participant or beneficiary of an individual retirement plan (as defined in section 7701(a)(37)). ‘‘(III) An employer or association of employees which establishes such an individual retirement plan under section 408(c). ‘‘(ii) EXCEPTION FOR CERTAIN TRANSACTIONS INVOLVING SHAREHOLDER-EMPLOYEES.—Subparagraph (A)(iii) shall not apply to a transaction which consists of a sale of employer securities to an employee stock ownership plan (as defined in subsection (e)(7)) by a

288 shareholder-employee, a member of the family (as defined in section 267(c)(4)) of such shareholder-employee, or a corporation in which such a shareholderemployee owns stock representing a 50 percent or greater interest described in subparagraph (A). ‘‘(C) SHAREHOLDER-EMPLOYEE.—For purposes of subparagraph (B), the term ‘shareholder-employee’ means an employee or officer of an S corporation who owns (or is considered as owning within the meaning of section 318(a)(1)) more than 5 percent of the outstanding stock of the corporation on any day during the taxable year of such corporation.’’ (B) CONFORMING AMENDMENTS.—Section 4975(d) is amended— (i) by striking ‘‘The prohibitions’’ and inserting ‘‘Except as provided in subsection (f)(6), the prohibitions’’, and (ii) by striking the last two sentences thereof. (2) AMENDMENT TO ERISA.—Section 408(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(d)) is amended to read as follows: ‘‘(d)(1) Section 407(b) and subsections (b), (c), and (e) of this section shall not apply to a transaction in which a plan directly or indirectly— ‘‘(A) lends any part of the corpus or income of the plan to, ‘‘(B) pays any compensation for personal services rendered to the plan to, or ‘‘(C) acquires for the plan any property from, or sells any property to, any person who is with respect to the plan an owner-employee (as defined in section 401(c)(3) of the Internal Revenue Code of 1986), a member of the family (as defined in section 267(c)(4) of such Code) of any such owner-employee, or any corporation in which any such owner-employee owns, directly or indirectly, 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. ‘‘(2)(A) For purposes of paragraph (1), the following shall be treated as owner-employees: ‘‘(i) A shareholder-employee. ‘‘(ii) A participant or beneficiary of an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986). ‘‘(iii) An employer or association of employees which establishes such an individual retirement plan under section 408(c) of such Code. ‘‘(B) Paragraph (1)(C) shall not apply to a transaction which consists of a sale of employer securities to an employee stock ownership plan (as defined in section 407(d)(6)) by a shareholder-employee, a member of the family (as defined in section 267(c)(4) of such Code) of any such owner-employee, or a corporation in which such a shareholder-employee owns stock representing a 50 percent or greater interest described in paragraph (1).

289 ‘‘(3) For purposes of paragraph (2), the term ‘shareholder-employee’ means an employee or officer of an S corporation (as defined in section 1361(a)(1) of such Code) who owns (or is considered as owning within the meaning of section 318(a)(1) of such Code) more than 5 percent of the outstanding stock of the corporation on any day during the taxable year of such corporation.’’ (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1507. MODIFICATION OF 10-PERCENT TAX FOR NONDEDUCTIBLE CONTRIBUTIONS.

(a) IN GENERAL.—Section 4972(c)(6)(B) (relating to exceptions) is amended to read as follows: ‘‘(B) so much of the contributions to 1 or more defined contribution plans which are not deductible when contributed solely because of section 404(a)(7) as does not exceed the greater of— ‘‘(i) the amount of contributions not in excess of 6 percent of compensation (within the meaning of section 404(a)) paid or accrued (during the taxable year for which the contributions were made) to beneficiaries under the plans, or ‘‘(ii) the sum of— ‘‘(I) the amount of contributions described in section 401(m)(4)(A), plus ‘‘(II) the amount of contributions described in section 402(g)(3)(A).’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1508. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN PLANS.

(a) FUNDING RULES FOR CERTAIN PLANS.—Section 769 of the Retirement Protection Act of 1994 is amended by adding at the end the following new subsection: ‘‘(c) TRANSITION RULES FOR CERTAIN PLANS.— ‘‘(1) IN GENERAL.—In the case of a plan that— ‘‘(A) was not required to pay a variable rate premium for the plan year beginning in 1996; ‘‘(B) has not, in any plan year beginning after 1995 and before 2009, merged with another plan (other than a plan sponsored by an employer that was in 1996 within the controlled group of the plan sponsor); and ‘‘(C) is sponsored by a company that is engaged primarily in the interurban or interstate passenger bus service, the transition rules described in paragraph (2) shall apply for any plan year beginning after 1996 and before 2010. ‘‘(2) TRANSITION RULES.—The transition rules described in this paragraph are as follows: ‘‘(A) For purposes of section 412(l)(9)(A) of the Internal Revenue Code of 1986 and section 302(d)(9)(A) of the Employee Retirement Income Security Act of 1974— ‘‘(i) the funded current liability percentage for any plan year beginning after 1996 and before 2005 shall be treated as not less than 90 percent if for such plan

290 year the funded current liability percentage is at least 85 percent, and ‘‘(ii) the funded current liability percentage for any plan year beginning after 2004 and before 2010 shall be treated as not less than 90 percent if for such plan year the funded current liability percentage satisfies the minimum percentage determined according to the following table:
‘‘In the case of a plan The minimum year beginning in: percentage is: 2005 ................................................................................................... 86 2006 ................................................................................................... 87 2007 ................................................................................................... 88 2008 ................................................................................................... 89 2009 and thereafter .......................................................................... 90.

‘‘(B) Sections 412(c)(7)(E)(i)(I) of such Code and 302(c)(7)(E)(i)(I) of such Act shall be applied— ‘‘(i) by substituting ‘85 percent’ for ‘90 percent’ for plan years beginning after 1996 and before 2005, and ‘‘(ii) by substituting the minimum percentage specified in the table contained in subparagraph (A)(ii) for ‘90 percent’ for plan years beginning after 2004 and before 2010. ‘‘(C) In the event the funded current liability percentage of a plan is less than 85 percent for any plan year beginning after 1996 and before 2005, the transition rules under subparagraphs (A) and (B) shall continue to apply to the plan if contributions for such a plan year are made to the plan in an amount equal to the lesser of— ‘‘(i) the amount necessary to result in a funded current liability percentage of 85 percent, or ‘‘(ii) the greater of— ‘‘(I) 2 percent of the plan’s current liability as of the beginning of such plan year, or ‘‘(II) the amount necessary to result in a funded current liability percentage of 80 percent as of the end of such plan year. For the plan year beginning in 2005 and for each of the 3 succeeding plan years, the transition rules under subparagraphs (A) and (B) shall continue to apply to the plan for such plan year only if contributions to the plan for such plan year equal at least the expected increase in current liability due to benefits accruing during such plan year.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to plan years beginning after December 31, 1996.
SEC. 1509. CLARIFICATION OF DISQUALIFICATION RULES RELATING TO ACCEPTANCE OF ROLLOVER CONTRIBUTIONS.

The Secretary of the Treasury or his delegate shall clarify that, under the Internal Revenue Service regulations protecting pension plans from disqualification by reason of the receipt of invalid rollover contributions under section 402(c) of the Internal Revenue Code of 1986, in order for the administrator of the plan receiving any such contribution to reasonably conclude that the contribution is a valid rollover contribution it is not necessary for the distributing

291 plan to have a determination letter with respect to its status as a qualified plan under section 401 of such Code.
SEC. 1510. NEW TECHNOLOGIES IN RETIREMENT PLANS.

(a) IN GENERAL.—Not later than December 31, 1998, the Secretary of the Treasury and the Secretary of Labor shall each issue guidance which is designed to— (1) interpret the notice, election, consent, disclosure, and time requirements (and related recordkeeping requirements) under the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 relating to retirement plans as applied to the use of new technologies by plan sponsors and administrators while maintaining the protection of the rights of participants and beneficiaries, and (2) clarify the extent to which writing requirements under the Internal Revenue Code of 1986 relating to retirement plans shall be interpreted to permit paperless transactions. (b) APPLICABILITY OF FINAL REGULATIONS.—Final regulations applicable to the guidance regarding new technologies described in subsection (a) shall not be effective until the first plan year beginning at least 6 months after the issuance of such final regulations.

Subtitle B—Other Provisions Relating to Pensions and Employee Benefits
SEC. 1521. INCREASE IN CURRENT LIABILITY FUNDING LIMIT.

(a) AMENDMENT TO 1986 CODE.—Section 412(c)(7) (relating to full-funding limitation) is amended— (A) by striking ‘‘150 percent’’ in subparagraph (A)(i)(I) and inserting ‘‘the applicable percentage’’, and (B) by adding at the end the following: ‘‘(F) APPLICABLE PERCENTAGE.—For purposes of subparagraph (A)(i)(I), the applicable percentage shall be determined in accordance with the following table:
‘‘In the case of any plan The applicable year beginning in— percentage is— 1999 or 2000 ..................................................................................... 155 2001 or 2002 ..................................................................................... 160 2003 or 2004 ..................................................................................... 165 2005 and succeeding years ............................................................... 170.’’.

(b) AMENDMENT TO ERISA.—Section 302(c)(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(c)(7)) is amended— (A) by striking ‘‘150 percent’’ in subparagraph (A)(i)(I) and inserting ‘‘the applicable percentage’’, and (B) by adding at the end the following: ‘‘(F) APPLICABLE PERCENTAGE.—For purposes of subparagraph (A)(i)(I), the applicable percentage shall be determined in accordance with the following table:
‘‘In the case of any plan The applicable year beginning in— percentage is— 1999 or 2000 ..................................................................................... 155 2001 or 2002 ..................................................................................... 160 2003 or 2004 ..................................................................................... 165 2005 and succeeding years ............................................................... 170.’’.

292 (c) SPECIAL AMORTIZATION RULE.— (1) CODE AMENDMENT.—Section 412(b)(2) is amended by striking ‘‘and’’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘‘, and’’, and by inserting after subparagraph (D) the following: ‘‘(E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of subsection (c)(7)(A)(i)(I).’’. (2) ERISA AMENDMENT.—Section 302(b)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(b)(2)) is amended by striking ‘‘and’’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘‘, and’’, and by inserting after subparagraph (D) the following: ‘‘(E) the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 20 years the contributions which would be required to be made under the plan but for the provisions of subsection (c)(7)(A)(i)(I).’’. (3) CONFORMING AMENDMENTS.— (A) Section 412(c)(7)(D) is amended by adding ‘‘and’’ at the end of clause (i), by striking ‘‘, and’’ at the end of clause (ii) and inserting a period, and by striking clause (iii). (B) Section 302(c)(7)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(c)(7)(D)) is amended by adding ‘‘and’’ at the end of clause (i), by striking ‘‘, and’’ at the end of clause (ii) and inserting a period, and by striking clause (iii). (d) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to plan years beginning after December 31, 1998. (2) SPECIAL RULE FOR UNAMORTIZED BALANCES UNDER EXISTING LAW.—The unamortized balance (as of the close of the plan year preceding the plan’s first year beginning in 1999) of any amortization base established under section 412(c)(7)(D)(iii) of such Code and section 302(c)(7)(D)(iii) of such Act (as repealed by subsection (c)(3)) for any plan year beginning before 1999 shall be amortized in equal annual installments (until fully amortized) over a period of years equal to the excess of— (A) 20 years, over (B) the number of years since the amortization base was established.
SEC. 1522. SPECIAL RULES FOR CHURCH PLANS.

(a) IN GENERAL.—Section 414(e)(5) (relating to special rules for chaplains and self-employed ministers) is amended— (1) by striking ‘‘not eligible to participate’’ in subparagraph (C) and inserting ‘‘not otherwise participating’’, and (2) by adding at the end the following new subparagraph: ‘‘(E) EXCLUSION.—In the case of a contribution to a church plan made on behalf of a minister described in subparagraph (A)(i)(II), such contribution shall not be included in the gross income of the minister to the extent that

293 such contribution would not be so included if the minister was an employee of a church.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to years beginning after December 31, 1997.
SEC. 1523. REPEAL OF APPLICATION OF UNRELATED BUSINESS INCOME TAX TO ESOPS.

(a) IN GENERAL.—Section 512(e) is amended by adding at the end the following new paragraph: ‘‘(3) EXCEPTION FOR ESOPS.—This subsection shall not apply to employer securities (within the meaning of section 409(l)) held by an employee stock ownership plan described in section 4975(e)(7).’’ (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
SEC. 1524. DIVERSIFICATION OF SECTION 401(k) PLAN INVESTMENTS.

(a) LIMITATIONS ON INVESTMENT IN EMPLOYER SECURITIES AND EMPLOYER REAL PROPERTY BY CASH OR DEFERRED ARRANGEMENTS.—Section 407(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1107(b)) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ‘‘(2)(A) If this paragraph applies to an eligible individual account plan, the portion of such plan which consists of applicable elective deferrals (and earnings allocable thereto) shall be treated as a separate plan— ‘‘(i) which is not an eligible individual account plan, and ‘‘(ii) to which the requirements of this section apply. ‘‘(B)(i) This paragraph shall apply to any eligible individual account plan if any portion of the plan’s applicable elective deferrals (or earnings allocable thereto) are required to be invested in qualifying employer securities or qualifying employer real property or both— ‘‘(I) pursuant to the terms of the plan, or ‘‘(II) at the direction of a person other than the participant on whose behalf such elective deferrals are made to the plan (or a beneficiary). ‘‘(ii) This paragraph shall not apply to an individual account plan for a plan year if, on the last day of the preceding plan year, the fair market value of the assets of all individual account plans maintained by the employer equals not more than 10 percent of the fair market value of the assets of all pension plans (other than multiemployer plans) maintained by the employer. ‘‘(iii) This paragraph shall not apply to an individual account plan that is an employee stock ownership plan as defined in section 4975(e)(7) of the Internal Revenue Code of 1986. ‘‘(iv) This paragraph shall not apply to an individual account plan if, pursuant to the terms of the plan, the portion of any employee’s applicable elective deferrals which is required to be invested in qualifying employer securities and qualifying employer real property for any year may not exceed 1 percent of the employee’s compensation which is taken into account under the

294 plan in determining the maximum amount of the employee’s applicable elective deferrals for such year. ‘‘(C) For purposes of this paragraph, the term ‘applicable elective deferral’ means any elective deferral (as defined in section 402(g)(3)(A) of the Internal Revenue Code of 1986) which is made pursuant to a qualified cash or deferred arrangement as defined in section 401(k) of the Internal Revenue Code of 1986.’’ (b) EFFECTIVE DATE.—The amendments made by this section shall apply to elective deferrals for plan years beginning after December 31, 1998.
SEC. 1525. SECTION 401(K) PLANS FOR CERTAIN IRRIGATION AND DRAINAGE ENTITIES.

(a) IN GENERAL.—Subparagraph (B) of section 401(k)(7) (relating to rural cooperative plan) is amended— (1) by striking ‘‘and’’ at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: ‘‘(iv) any organization which— ‘‘(I) is a mutual irrigation or ditch company described in section 501(c)(12) (without regard to the 85 percent requirement thereof), or ‘‘(II) is a district organized under the laws of a State as a municipal corporation for the purpose of irrigation, water conservation, or drainage, and’’, and (2) in clause (v), as so redesignated, by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to years beginning after December 31, 1997.
SEC. 1526. PORTABILITY OF PERMISSIVE SERVICE CREDIT UNDER GOVERNMENTAL PENSION PLANS.

(a) IN GENERAL.—Section 415 (relating to limitations on benefits and contributions under qualified plans) is amended by adding at the end the following new subsection: ‘‘(n) SPECIAL RULES RELATING TO PURCHASE OF PERMISSIVE SERVICE CREDIT.— ‘‘(1) IN GENERAL.—If an employee makes 1 or more contributions to a defined benefit governmental plan (within the meaning of section 414(d)) to purchase permissive service credit under such plan, then the requirements of this section shall be treated as met only if— ‘‘(A) the requirements of subsection (b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of subsection (b), or ‘‘(B) the requirements of subsection (c) are met, determined by treating all such contributions as annual additions for purposes of subsection (c). ‘‘(2) APPLICATION OF LIMIT.—For purposes of— ‘‘(A) applying paragraph (1)(A), the plan shall not fail to meet the reduced limit under subsection (b)(2)(C) solely by reason of this subsection, and

295 ‘‘(B) applying paragraph (1)(B), the plan shall not fail to meet the percentage limitation under subsection (c)(1)(B) solely by reason of this subsection. ‘‘(3) PERMISSIVE SERVICE CREDIT.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘permissive service credit’ means service credit— ‘‘(i) recognized by the governmental plan for purposes of calculating a participant’s benefit under the plan, ‘‘(ii) which such participant has not received under such governmental plan, and ‘‘(iii) which such participant may receive only by making a voluntary additional contribution, in an amount determined under such governmental plan, which does not exceed the amount necessary to fund the benefit attributable to such service credit. ‘‘(B) LIMITATION ON NONQUALIFIED SERVICE CREDIT.— A plan shall fail to meet the requirements of this section if— ‘‘(i) more than 5 years of permissive service credit attributable to nonqualified service are taken into account for purposes of this subsection, or ‘‘(ii) any permissive service credit attributable to nonqualified service is taken into account under this subsection before the employee has at least 5 years of participation under the plan. ‘‘(C) NONQUALIFIED SERVICE.—For purposes of subparagraph (B), the term ‘nonqualified service’ means service for which permissive service credit is allowed other than— ‘‘(i) service (including parental, medical, sabbatical, and similar leave) as an employee of the Government of the United States, any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing (other than military service or service for credit which was obtained as a result of a repayment described in subsection (k)(3)), ‘‘(ii) service (including parental, medical, sabbatical, and similar leave) as an employee (other than as an employee described in clause (i)) of an educational organization described in section 170(b)(1)(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12), as determined under State law, ‘‘(iii) service as an employee of an association of employees who are described in clause (i), or ‘‘(iv) military service (other than qualified military service under section 414(u)) recognized by such governmental plan. In the case of service described in clauses (i), (ii), or (iii), such service will be nonqualified service if recognition of such service would cause a participant to receive a retirement benefit for the same service under more than one plan.’’

296 (b) SPECIAL RULE FOR REPAYMENT OF CASHOUTS.—Section 415(k) (relating to special rules) is amended by adding at the end the following new paragraph: ‘‘(3) REPAYMENTS OF CASHOUTS UNDER GOVERNMENTAL PLANS.—In the case of any repayment of contributions (including interest thereon) to the governmental plan with respect to an amount previously refunded upon a forfeiture of service credit under the plan or under another governmental plan maintained by a State or local government employer within the same State, any such repayment shall not be taken into account for purposes of this section.’’ (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall apply to permissive service credit contributions made in years beginning after December 31, 1997. (2) TRANSITION RULE.— (A) IN GENERAL.—In the case of an eligible participant in a governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986), the limitations of section 415(c)(1) of such Code shall not be applied to reduce the amount of permissive service credit which may be purchased to an amount less than the amount which was allowed to be purchased under the terms of the plan as in effect on the date of the enactment of this Act. (B) ELIGIBLE PARTICIPANT.—For purposes of subparagraph (A), an eligible participant is an individual who first became a participant in the plan before the first plan year beginning after the last day of the calendar year in which the next regular session (following the date of the enactment of this Act) of the governing body with authority to amend the plan ends.
SEC. 1527. REMOVAL OF DOLLAR LIMITATION ON BENEFIT PAYMENTS FROM A DEFINED BENEFIT PLAN MAINTAINED FOR CERTAIN POLICE AND FIRE EMPLOYEES.

(a) IN GENERAL.—Subparagraph (G) of section 415(b)(2) is amended by striking ‘‘participant—’’ and all that follows and inserting ‘‘participant, subparagraph (C) of this paragraph shall not apply.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to years beginning after December 31, 1996.
SEC. 1528. SURVIVOR BENEFITS FOR PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY.

(a) IN GENERAL.—Section 101 (relating to certain death benefits) is amended by adding at the end the following new subsection: ‘‘(h) SURVIVOR BENEFITS ATTRIBUTABLE TO SERVICE BY A PUBLIC SAFETY OFFICER WHO IS KILLED IN THE LINE OF DUTY.— ‘‘(1) IN GENERAL.—Gross income shall not include any amount paid as a survivor annuity on account of the death of a public safety officer (as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968) killed in the line of duty— ‘‘(A) if such annuity is provided, under a governmental plan which meets the requirements of section 401(a), to the

297 spouse (or a former spouse) of the public safety officer or to a child of such officer; and ‘‘(B) to the extent such annuity is attributable to such officer’s service as a public safety officer. ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect to the death of any public safety officer if, as determined in accordance with the provisions of the Omnibus Crime Control and Safe Streets Act of 1968— ‘‘(A) the death was caused by the intentional misconduct of the officer or by such officer’s intention to bring about such officer’s death; ‘‘(B) the officer was voluntarily intoxicated (as defined in section 1204 of such Act) at the time of death; ‘‘(C) the officer was performing such officer’s duties in a grossly negligent manner at the time of death; or ‘‘(D) the payment is to an individual whose actions were a substantial contributing factor to the death of the officer.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 1996, with respect to individuals dying after such date.
SEC. 1529. TREATMENT OF CERTAIN DISABILITY BENEFITS RECEIVED BY FORMER POLICE OFFICERS OR FIREFIGHTERS.

(a) GENERAL RULE.—For purposes of determining whether any amount to which this section applies is excludable from gross income under section 104(a)(1) of the Internal Revenue Code of 1986, the following conditions shall be treated as personal injuries or sickness in the course of employment: (1) Heart disease. (2) Hypertension. (b) AMOUNTS TO WHICH SECTION APPLIES.—This section shall apply to any amount— (1) which is payable— (A) to an individual (or to the survivors of an individual) who was a full-time employee of any police department or fire department which is organized and operated by a State, by any political subdivision thereof, or by any agency or instrumentality of a State or political subdivision thereof, and (B) under a State law (as amended on May 19, 1992) which irrebuttably presumed that heart disease and hypertension are work-related illnesses but only for employees separating from service before July 1, 1992; and (2) which was received in calendar year 1989, 1990, or 1991. (c) WAIVER OF STATUTE OF LIMITATIONS.—If, on the date of the enactment of this Act (or at any time within the 1-year period beginning on such date of enactment), credit or refund of any overpayment of tax resulting from the provisions of this section is barred by any law or rule of law (including res judicata), then credit or refund of such overpayment shall, nevertheless, be allowed or made if claim therefore is filed before the date 1 year after such date of enactment.

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SEC. 1530. GRATUITOUS TRANSFERS FOR THE BENEFIT OF EMPLOYEES.

(a) IN GENERAL.—Subparagraph (C) of section 664(d)(1) and subparagraph (C) of section 664(d)(2) are each amended by striking the period at the end thereof and inserting ‘‘or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).’’. (b) QUALIFIED GRATUITOUS TRANSFER DEFINED.—Section 664 is amended by adding at the end the following new subsection: ‘‘(g) QUALIFIED GRATUITOUS TRANSFER OF QUALIFIED EMPLOYER SECURITIES.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘qualified gratuitous transfer’ means a transfer of qualified employer securities to an employee stock ownership plan (as defined in section 4975(e)(7)) but only to the extent that— ‘‘(A) the securities transferred previously passed from a decedent dying before January 1, 1999, to a trust described in paragraph (1) or (2) of subsection (d), ‘‘(B) no deduction under section 404 is allowable with respect to such transfer, ‘‘(C) such plan contains the provisions required by paragraph (3), ‘‘(D) such plan treats such securities as being attributable to employer contributions but without regard to the limitations otherwise applicable to such contributions under section 404, and ‘‘(E) the employer whose employees are covered by the plan described in this paragraph files with the Secretary a verified written statement consenting to the application of sections 4978 and 4979A with respect to such employer. ‘‘(2) EXCEPTION.—The term ‘qualified gratuitous transfer’ shall not include a transfer of qualified employer securities to an employee stock ownership plan unless— ‘‘(A) such plan was in existence on August 1, 1996, ‘‘(B) at the time of the transfer, the decedent and members of the decedent’s family (within the meaning of section 2032A(e)(2)) own (directly or through the application of section 318(a)) no more than 10 percent of the value of the stock of the corporation referred to in paragraph (4), and ‘‘(C) immediately after the transfer, such plan owns (after the application of section 318(a)(4)) at least 60 percent of the value of the outstanding stock of the corporation. ‘‘(3) PLAN REQUIREMENTS.—A plan contains the provisions required by this paragraph if such plan provides that— ‘‘(A) the qualified employer securities so transferred are allocated to plan participants in a manner consistent with section 401(a)(4), ‘‘(B) plan participants are entitled to direct the plan as to the manner in which such securities which are entitled to vote and are allocated to the account of such participant are to be voted,

299 ‘‘(C) an independent trustee votes the securities so transferred which are not allocated to plan participants, ‘‘(D) each participant who is entitled to a distribution from the plan has the rights described in subparagraphs (A) and (B) of section 409(h)(1), ‘‘(E) such securities are held in a suspense account under the plan to be allocated each year, up to the limitations under section 415(c), after first allocating all other annual additions for the limitation year, up to the limitations under sections 415 (c) and (e), and ‘‘(F) on termination of the plan, all securities so transferred which are not allocated to plan participants as of such termination are to be transferred to, or for the use of, an organization described in section 170(c). For purposes of the preceding sentence, the term ‘independent trustee’ means any trustee who is not a member of the family (within the meaning of section 2032A(e)(2)) of the decedent or a 5-percent shareholder. A plan shall not fail to be treated as meeting the requirements of section 401(a) by reason of meeting the requirements of this subsection. ‘‘(4) QUALIFIED EMPLOYER SECURITIES.—For purposes of this section, the term ‘qualified employer securities’ means employer securities (as defined in section 409(l)) which are issued by a domestic corporation— ‘‘(A) which has no outstanding stock which is readily tradable on an established securities market, and ‘‘(B) which has only 1 class of stock. ‘‘(5) TREATMENT OF SECURITIES ALLOCATED BY EMPLOYEE
STOCK OWNERSHIP PLAN TO PERSONS RELATED TO DECEDENT OR 5-PERCENT SHAREHOLDERS.— ‘‘(A) IN GENERAL.—If any portion of the assets of the

plan attributable to securities acquired by the plan in a qualified gratuitous transfer are allocated to the account of— ‘‘(i) any person who is related to the decedent (within the meaning of section 267(b)) or a member of the decedent’s family (within the meaning of section 2032A(e)(2)), or ‘‘(ii) any person who, at the time of such allocation or at any time during the 1-year period ending on the date of the acquisition of qualified employer securities by the plan, is a 5-percent shareholder of the employer maintaining the plan, the plan shall be treated as having distributed (at the time of such allocation) to such person or shareholder the amount so allocated. ‘‘(B) 5-PERCENT SHAREHOLDER.—For purposes of subparagraph (A), the term ‘5-percent shareholder’ means any person who owns (directly or through the application of section 318(a)) more than 5 percent of the outstanding stock of the corporation which issued such qualified employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of section 409(l)(4)) as such corporation. For purposes of the

300 preceding sentence, section 318(a) shall be applied without regard to the exception in paragraph (2)(B)(i) thereof. ‘‘(C) CROSS REFERENCE.—
‘‘For excise tax on allocations described in subparagraph (A), see section 4979A.

‘‘(6) TAX ON FAILURE TO TRANSFER UNALLOCATED SECURITIES TO CHARITY ON TERMINATION OF PLAN.—If the requirements of paragraph (3)(F) are not met with respect to any securities, there is hereby imposed a tax on the employer maintaining the plan in an amount equal to the sum of— ‘‘(A) the amount of the increase in the tax which would be imposed by chapter 11 if such securities were not transferred as described in paragraph (1), and ‘‘(B) interest on such amount at the underpayment rate under section 6621 (and compounded daily) from the due date for filing the return of the tax imposed by chapter 11.’’. (c) CONFORMING AMENDMENTS.— (1) Section 401(a)(1) is amended by inserting ‘‘or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(g)(1)),’’ after ‘‘stock bonus plans),’’. (2) Section 404(a)(9) is amended by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) A qualified gratuitous transfer (as defined in section 664(g)(1)) shall have no effect on the amount or amounts otherwise deductible under paragraph (3) or (7) or under this paragraph.’’. (3) Section 415(c)(6) is amended by adding at the end thereof the following new sentence: ‘‘The amount of any qualified gratuitous transfer (as defined in section 664(g)(1)) allocated to a participant for any limitation year shall not exceed the limitations imposed by this section, but such amount shall not be taken into account in determining whether any other amount exceeds the limitations imposed by this section.’’. (4) Section 415(e) is amended— (A) by redesignating paragraph (6) as paragraph (7), and (B) by inserting after paragraph (5) the following new paragraph: ‘‘(6) SPECIAL RULE FOR QUALIFIED GRATUITOUS TRANSFERS.—Any qualified gratuitous transfer of qualified employer securities (as defined by section 664(g)) shall not be taken into account in calculating, and shall not be subject to, the limitations provided in this subsection.’’. (5) Subparagraph (B) of section 664(d)(1) and subparagraph (B) of section 664(d)(2) are each amended by inserting ‘‘and other than qualified gratuitous transfers described in subparagraph (C)’’ after ‘‘subparagraph (A)’’. (6) Paragraph (4) of section 674(b) is amended by inserting before the period ‘‘or to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined in section 664(g)(1))’’. (7) Section 2055(a) is amended— (i) by striking ‘‘or’’ at the end of paragraph (3),

301 (ii) by striking the period at the end of paragraph (4) and inserting ‘‘; or’’, and (iii) by inserting after paragraph (4) the following new paragraph: ‘‘(5) to an employee stock ownership plan if such transfer qualifies as a qualified gratuitous transfer of qualified employer securities within the meaning of section 664(g).’’. (8) Paragraph (8) of section 2056(b) is amended to read as follows: ‘‘(8) SPECIAL RULE FOR CHARITABLE REMAINDER TRUSTS.— ‘‘(A) IN GENERAL.—If the surviving spouse of the decedent is the only beneficiary of a qualified charitable remainder trust who is not a charitable beneficiary nor an ESOP beneficiary, paragraph (1) shall not apply to any interest in such trust which passes or has passed from the decedent to such surviving spouse. ‘‘(B) DEFINITIONS.—For purposes of subparagraph (A)— ‘‘(i) CHARITABLE BENEFICIARY.—The term ‘charitable beneficiary’ means any beneficiary which is an organization described in section 170(c). ‘‘(ii) ESOP BENEFICIARY.—The term ‘ESOP beneficiary’ means any beneficiary which is an employee stock ownership plan (as defined in section 4975(e)(7)) that holds a remainder interest in qualified employer securities (as defined in section 664(g)(4)) to be transferred to such plan in a qualified gratuitous transfer (as defined in section 664(g)(1)). ‘‘(iii) QUALIFIED CHARITABLE REMAINDER TRUST.— The term ‘qualified charitable remainder trust’ means a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664).’’. (9) Section 4947(b) is amended by inserting after paragraph (3) the following new paragraph: ‘‘(4) SECTION 507.—The provisions of section 507(a) shall not apply to a trust which is described in subsection (a)(2) by reason of a distribution of qualified employer securities (as defined in section 664(g)(4)) to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by section 664(g)).’’. (10) The last sentence of section 4975(e)(7) is amended by inserting ‘‘and section 664(g)’’ after ‘‘section 409(n)’’ (11) Subsection (a) of section 4978 is amended— (A) by inserting ‘‘or acquired any qualified employer securities in a qualified gratuitous transfer to which section 664(g) applied’’ after ‘‘section 1042 applied’’, and (B) by inserting before the comma at the end of paragraph (2) ‘‘60 percent of the total value of all employer securities as of such disposition in the case of any qualified employer securities acquired in a qualified gratuitous transfer to which section 664(g) applied)’’. (12) Paragraph (2) of section 4978(b) is amended—

302 (A) by inserting ‘‘or acquired in the qualified gratuitous transfer to which section 664(g) applied’’ after ‘‘section 1042 applied’’, and (B) by inserting ‘‘or to which section 664(g) applied’’ after ‘‘section 1042 applied’’ in subparagraph (A) thereof. (13) Subsection (c) of section 4978 is amended by striking ‘‘written statement’’ and all that follows and inserting ‘‘written statement described in section 664(g)(1)(E) or in section 1042(b)(3) (as the case may be).’’. (14) Paragraph (2) of section 4978(e) is amended by striking the period and inserting ‘‘; except that such section shall be applied without regard to subparagraph (B) thereof for purposes of applying this section and section 4979A with respect to securities acquired in a qualified gratuitous transfer (as defined in section 664(g)(1)).’’. (15) Subsection (a) of section 4979A is amended to read as follows: ‘‘(a) IMPOSITION OF TAX.—If— ‘‘(1) there is a prohibited allocation of qualified securities by any employee stock ownership plan or eligible worker-owned cooperative, or ‘‘(2) there is an allocation described in section 664(g)(5)(A), there is hereby imposed a tax on such allocation equal to 50 percent of the amount involved.’’. (16) Subsection (c) of section 4979A is amended to read as follows: ‘‘(c) LIABILITY FOR TAX.—The tax imposed by this section shall be paid by— ‘‘(1) the employer sponsoring such plan, or ‘‘(2) the eligible worker-owned cooperative, which made the written statement described in section 664(g)(1)(E) or in section 1042(b)(3)(B) (as the case may be).’’. (17) Section 4979A is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ‘‘(d) SPECIAL STATUTE OF LIMITATIONS FOR TAX ATTRIBUTABLE TO CERTAIN ALLOCATIONS.—The statutory period for the assessment of any tax imposed by this section on an allocation described in subsection (a)(2) of qualified employer securities shall not expire before the date which is 3 years from the later of— ‘‘(1) the 1st allocation of such securities in connection with a qualified gratuitous transfer (as defined in section 664(g)(1)), or ‘‘(2) the date on which the Secretary is notified of the allocation described in subsection (a)(2).’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to transfers made by trusts to, or for the use of, an employee stock ownership plan after the date of the enactment of this Act.

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Subtitle C—Provisions Relating to Certain Health Acts
SEC. 1531. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 TO IMPLEMENT THE NEWBORNS’ AND MOTHERS’ HEALTH PROTECTION ACT OF 1996 AND THE MENTAL HEALTH PARITY ACT OF 1996.

(a) IN GENERAL.—Subtitle K is amended— (1) by striking all that precedes section 9801 and inserting the following:

‘‘Subtitle K—Group Health Plan Requirements
‘‘CHAPTER 100. Group health plan requirements. ‘‘CHAPTER 100—GROUP HEALTH PLAN REQUIREMENTS ‘‘Subchapter A. Requirements relating to portability, access, and renewability. ‘‘Subchapter B. Other requirements. ‘‘Subchapter C. General provisions. ‘‘Subchapter A—Requirements Relating to Portability, Access, and Renewability ‘‘Sec. 9801. Increased portability through limitation on preexisting condition exclusions. ‘‘Sec. 9802. Prohibiting discrimination against individual participants and beneficiaries based on health status. ‘‘Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements.’’,

(2) by redesignating sections 9804, 9805, and 9806 as sections 9831, 9832, and 9833, respectively, (3) by inserting before section 9831 (as so redesignated) the following:
‘‘Subchapter C—General Provisions ‘‘Sec. 9831. General exceptions. ‘‘Sec. 9832. Definitions. ‘‘Sec. 9833. Regulations.’’, and

(4) by inserting after section 9803 the following:
‘‘Subchapter B—Other Requirements ‘‘Sec. 9811. Standards relating to benefits for mothers and newborns. ‘‘Sec. 9812. Parity in the application of certain limits to mental health benefits.

‘‘SEC. 9811. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND NEWBORNS. ‘‘(a) REQUIREMENTS FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.— ‘‘(1) IN GENERAL.—A group health plan may not— ‘‘(A) except as provided in paragraph (2)— ‘‘(i) restrict benefits for any hospital length of stay in connection with childbirth for the mother or new-

304 born child, following a normal vaginal delivery, to less than 48 hours, or ‘‘(ii) restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child, following a caesarean section, to less than 96 hours; or ‘‘(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not apply in connection with any group health plan in any case in which the decision to discharge the mother or her newborn child prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the mother. ‘‘(b) PROHIBITIONS.—A group health plan may not— ‘‘(1) deny to the mother or her newborn child eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ‘‘(2) provide monetary payments or rebates to mothers to encourage such mothers to accept less than the minimum protections available under this section; ‘‘(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ‘‘(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ‘‘(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ‘‘(c) RULES OF CONSTRUCTION.— ‘‘(1) Nothing in this section shall be construed to require a mother who is a participant or beneficiary— ‘‘(A) to give birth in a hospital; or ‘‘(B) to stay in the hospital for a fixed period of time following the birth of her child. ‘‘(2) This section shall not apply with respect to any group health plan which does not provide benefits for hospital lengths of stay in connection with childbirth for a mother or her newborn child. ‘‘(3) Nothing in this section shall be construed as preventing a group health plan from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with childbirth for a mother or newborn child under the plan, except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater

305 than such coinsurance or cost-sharing for any preceding portion of such stay. ‘‘(d) LEVEL AND TYPE OF REIMBURSEMENTS.—Nothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ‘‘(f) PREEMPTION; EXCEPTION FOR HEALTH INSURANCE COVERAGE IN CERTAIN STATES.—The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (including a decision, rule, regulation, or other State action having the effect of law) for a State that regulates such coverage that is described in any of the following paragraphs: ‘‘(1) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a normal vaginal delivery and at least a 96-hour hospital length of stay following a caesarean section. ‘‘(2) Such State law requires such coverage to provide for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or other established professional medical associations. ‘‘(3) Such State law requires, in connection with such coverage for maternity care, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the mother.
‘‘SEC. 9812. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS.

‘‘(a) IN GENERAL.— ‘‘(1) AGGREGATE LIFETIME LIMITS.—In the case of a group health plan that provides both medical and surgical benefits and mental health benefits— ‘‘(A) NO LIFETIME LIMIT.—If the plan does not include an aggregate lifetime limit on substantially all medical and surgical benefits, the plan may not impose any aggregate lifetime limit on mental health benefits. ‘‘(B) LIFETIME LIMIT.—If the plan includes an aggregate lifetime limit on substantially all medical and surgical benefits (in this paragraph referred to as the ‘applicable lifetime limit’), the plan shall either— ‘‘(i) apply the applicable lifetime limit both to the medical and surgical benefits to which it otherwise would apply and to mental health benefits and not distinguish in the application of such limit between such medical and surgical benefits and mental health benefits; or ‘‘(ii) not include any aggregate lifetime limit on mental health benefits that is less than the applicable lifetime limit. ‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case of a plan that is not described in subparagraph (A) or (B) and that includes no or different aggregate lifetime limits on different categories of medical and surgical benefits, the Secretary shall establish rules under which subparagraph (B) is applied to such plan with respect to mental health

306 benefits by substituting for the applicable lifetime limit an average aggregate lifetime limit that is computed taking into account the weighted average of the aggregate lifetime limits applicable to such categories. ‘‘(2) ANNUAL LIMITS.—In the case of a group health plan that provides both medical and surgical benefits and mental health benefits— ‘‘(A) NO ANNUAL LIMIT.—If the plan does not include an annual limit on substantially all medical and surgical benefits, the plan may not impose any annual limit on mental health benefits. ‘‘(B) ANNUAL LIMIT.—If the plan includes an annual limit on substantially all medical and surgical benefits (in this paragraph referred to as the ‘applicable annual limit’), the plan shall either— ‘‘(i) apply the applicable annual limit both to medical and surgical benefits to which it otherwise would apply and to mental health benefits and not distinguish in the application of such limit between such medical and surgical benefits and mental health benefits; or ‘‘(ii) not include any annual limit on mental health benefits that is less than the applicable annual limit. ‘‘(C) RULE IN CASE OF DIFFERENT LIMITS.—In the case of a plan that is not described in subparagraph (A) or (B) and that includes no or different annual limits on different categories of medical and surgical benefits, the Secretary shall establish rules under which subparagraph (B) is applied to such plan with respect to mental health benefits by substituting for the applicable annual limit an average annual limit that is computed taking into account the weighted average of the annual limits applicable to such categories. ‘‘(b) CONSTRUCTION.—Nothing in this section shall be construed— ‘‘(1) as requiring a group health plan to provide any mental health benefits; or ‘‘(2) in the case of a group health plan that provides mental health benefits, as affecting the terms and conditions (including cost sharing, limits on numbers of visits or days of coverage, and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits for mental health benefits). ‘‘(c) EXEMPTIONS.— ‘‘(1) SMALL EMPLOYER EXEMPTION.—This section shall not apply to any group health plan for any plan year of a small employer (as defined in section 4980D(d)(2)). ‘‘(2) INCREASED COST EXEMPTION.—This section shall not apply with respect to a group health plan if the application of this section to such plan results in an increase in the cost under the plan of at least 1 percent.

307 ‘‘(d) SEPARATE APPLICATION TO EACH OPTION OFFERED.—In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ‘‘(e) DEFINITIONS.—For purposes of this section: ‘‘(1) AGGREGATE LIFETIME LIMIT.—The term ‘aggregate lifetime limit’ means, with respect to benefits under a group health plan, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan with respect to an individual or other coverage unit. ‘‘(2) ANNUAL LIMIT.—The term ‘annual limit’ means, with respect to benefits under a group health plan, a dollar limitation on the total amount of benefits that may be paid with respect to such benefits in a 12-month period under the plan with respect to an individual or other coverage unit. ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The term ‘medical or surgical benefits’ means benefits with respect to medical or surgical services, as defined under the terms of the plan, but does not include mental health benefits. ‘‘(4) MENTAL HEALTH BENEFITS.—The term ‘mental health benefits’ means benefits with respect to mental health services, as defined under the terms of the plan, but does not include benefits with respect to treatment of substance abuse or chemical dependency. ‘‘(f) SUNSET.—This section shall not apply to benefits for services furnished on or after September 30, 2001.’’ (b) CONFORMING AMENDMENTS.— (1) Chapter 100 of such Code is further amended— (A) in the last sentence of section 9801(c)(1), by striking ‘‘section 9805(c)’’ and inserting ‘‘section 9832(c)’’; (B) in section 9831(b), by striking ‘‘9805(c)(1)’’ and inserting ‘‘9832(c)(1)’’; (C) in section 9831(c)(1), by striking ‘‘9805(c)(2)’’ and inserting ‘‘9832(c)(2)’’; (D) in section 9831(c)(2), by striking ‘‘9805(c)(3)’’ and inserting ‘‘9832(c)(3)’’; and (E) in section 9831(c)(3), by striking ‘‘9805(c)(4)’’ and inserting ‘‘9832(c)(4)’’. (2) Section 4980D of such Code is amended— (A) in subsection (a), by striking ‘‘plan portability, access, and renewability’’ and inserting ‘‘plans’’; (B) in subsection (c)(3)(B)(i)(I), by striking ‘‘9805(d)(3)’’ and inserting ‘‘9832(d)(3)’’; (C) in subsection (d)(1), by inserting ‘‘(other than a failure attributable to section 9811)’’ after ‘‘on any failure’’; (D) in subsection (d)(3), by striking ‘‘9805’’ and inserting ‘‘9832’’; (E) in subsection (f)(1), by striking ‘‘9805(a)’’ and inserting ‘‘9832(a)’’. (3) The table of subtitles for such Code is amended by striking the item relating to subtitle K and inserting the following new item:
‘‘SUBTITLE K. Group health plan requirements.’’

308 (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998.
SEC. 1532. SPECIAL RULES RELATING TO CHURCH PLANS.

(a) IN GENERAL.—Section 9802 (relating to prohibiting discrimination against individual participants and beneficiaries based on health status) is amended by adding at the end the following new subsection: ‘‘(c) SPECIAL RULES FOR CHURCH PLANS.—A church plan (as defined in section 414(e)) shall not be treated as failing to meet the requirements of this section solely because such plan requires evidence of good health for coverage of— ‘‘(1) both any employee of an employer with 10 or less employees (determined without regard to section 414(e)(3)(C)) and any self-employed individual, or ‘‘(2) any individual who enrolls after the first 90 days of initial eligibility under the plan. This subsection shall apply to a plan for any year only if the plan included the provisions described in the preceding sentence on July 15, 1997, and at all times thereafter before the beginning of such year.’’ (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in the amendments made by section 401(a) of the Health Insurance Portability and Accountability Act of 1996.

Subtitle D—Provisions Relating to Plan Amendments
SEC. 1541. PROVISIONS RELATING TO PLAN AMENDMENTS.

(a) IN GENERAL.—If this section applies to any plan or contract amendment— (1) such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A), and (2) such plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 or section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) AMENDMENTS TO WHICH SECTION APPLIES.— (1) IN GENERAL.—This section shall apply to any amendment to any plan or annuity contract which is made— (A) pursuant to any amendment made by this title or subtitle H of title X, and (B) before the first day of the first plan year beginning on or after January 1, 1999. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this paragraph shall be applied by substituting ‘‘2001’’ for ‘‘1999’’. (2) CONDITIONS.—This section shall not apply to any amendment unless— (A) during the period—

309 (i) beginning on the date the legislative amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative amendment, the effective date specified by the plan), and (ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (B) such plan or contract amendment applies retroactively for such period.

TITLE XVI—TECHNICAL AMENDMENTS RELATED TO SMALL BUSINESS JOB PROTECTION ACT OF 1996 AND OTHER LEGISLATION
SEC. 1600. COORDINATION WITH OTHER TITLES.

For purposes of applying the amendments made by any title of this Act other than this title, the provisions of this title shall be treated as having been enacted immediately before the provisions of such other titles.
SEC. 1601. AMENDMENTS RELATED TO SMALL BUSINESS JOB PROTECTION ACT OF 1996.

(a) AMENDMENTS RELATED TO SUBTITLE A.— (1) AMENDMENT RELATED TO SECTION 1116.—Paragraph (1) of section 6050R(c) is amended by striking ‘‘name and address’’ and inserting ‘‘name, address, and phone number of the information contact’’. (2) AMENDMENT TO SECTION 1116.—Paragraphs (1) and (2)(C) of section 1116(b) of the Small Business Job Protection Act of 1996 shall each be applied as if the reference to chapter 68 were a reference to chapter 61. (b) AMENDMENT RELATED TO SUBTITLE B.—Subsection (c) of section 52 is amended by striking ‘‘targeted jobs credit’’ and inserting ‘‘work opportunity credit’’. (c) AMENDMENTS RELATED TO SUBTITLE C.— (1) AMENDMENT RELATED TO SECTION 1302.—Subparagraph (B) of section 1361(e)(1) is amended by striking ‘‘and’’ at the end of clause (i), striking the period at the end of clause (ii) and inserting ‘‘, and’’, and adding at the end the following new clause: ‘‘(iii) any charitable remainder annuity trust or charitable remainder unitrust (as defined in section 664(d)).’’. (2) EFFECTIVE DATE FOR SECTION 1307.— (A) Notwithstanding section 1317 of the Small Business Job Protection Act of 1996, the amendments made by subsections (a) and (b) of section 1307 of such Act shall apply to determinations made after December 31, 1996. (B) In no event shall the 120-day period referred to in section 1377(b)(1)(B) of the Internal Revenue Code of 1986

310 (as added by such section 1307) expire before the end of the 120-day period beginning on the date of the enactment of this Act. (3) AMENDMENT RELATED TO SECTION 1308.—Subparagraph (A) of section 1361(b)(3) is amended by striking ‘‘For purposes of this title’’ and inserting ‘‘Except as provided in regulations prescribed by the Secretary, for purposes of this title’’. (4) AMENDMENTS RELATED TO SECTION 1316.— (A) Paragraph (2) of section 512(e) is amended by striking ‘‘within the meaning of section 1012’’ and inserting ‘‘as defined in section 1361(e)(1)(C)’’. (B) Paragraph (7) of section 1361(c) is redesignated as paragraph (6). (C) Subparagraph (B) of section 1361(b)(1) is amended by striking ‘‘subsection (c)(7)’’ and inserting ‘‘subsection (c)(6)’’. (D) Paragraph (1) of section 512(e) is amended by striking ‘‘section 1361(c)(7)’’ and inserting ‘‘section 1361(c)(6)’’. (d) AMENDMENTS RELATED TO SUBTITLE D.— (1) AMENDMENTS RELATED TO SECTION 1421.— (A) Subsection (i) of section 408 is amended in the last sentence by striking ‘‘30 days’’ and inserting ‘‘31 days’’. (B) Subparagraph (H) of section 408(k)(6) is amended by striking ‘‘if the terms of such pension’’ and inserting ‘‘of an employer if the terms of simplified employee pensions of such employer’’. (C)(i) Subparagraph (B) of section 408(l)(2) is amended— (I) by inserting ‘‘and the issuer of an annuity established under such an arrangement’’ after ‘‘under subsection (p)’’, and (II) in clause (i), by inserting ‘‘or issuer’’ after ‘‘trustee’’. (ii) Paragraph (2) of section 6693(c) is amended— (I) by inserting ‘‘or issuer’’ after ‘‘trustee’’, and (II) in the heading, by inserting ‘‘AND ISSUER’’ after ‘‘trustee’’. (D) Subsection (p) of section 408 is amended by adding at the end the following new paragraph: ‘‘(8) COORDINATION WITH MAXIMUM LIMITATION UNDER SUBSECTION (a).—In the case of any simple retirement account, subsections (a)(1) and (b)(2) shall be applied by substituting ‘the sum of the dollar amount in effect under paragraph (2)(A)(ii) of this subsection and the employer contribution required under subparagraph (A)(iii) or (B)(i) of paragraph (2) of this subsection, whichever is applicable’ for ‘$2,000’.’’. (E) Clause (i) of section 408(p)(2)(D) is amended by adding at the end the following new sentence: ‘‘If only individuals other than employees described in subparagraph (A) or (B) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified plan in which only employees so described are eligible to participate.’’.

311 (F) Subparagraph (D) of section 408(p)(2) is amended by adding at the end the following new clause: ‘‘(iii) GRACE PERIOD.—In the case of an employer who establishes and maintains a plan under this subsection for 1 or more years and who fails to meet any requirement of this subsection for any subsequent year due to any acquisition, disposition, or similar transaction involving another such employer, rules similar to the rules of section 410(b)(6)(C) shall apply for purposes of this subsection.’’. (G) Paragraph (5) of section 408(p) is amended in the text preceding subparagraph (A) by striking ‘‘simplified’’ and inserting ‘‘simple’’. (2) AMENDMENTS RELATED TO SECTION 1422.— (A) Clause (ii) of section 401(k)(11)(D) is amended by striking the period and inserting ‘‘if such plan allows only contributions required under this paragraph.’’. (B) Paragraph (11) of section 401(k) is amended by adding at the end the following new subparagraph: ‘‘(E) COST-OF-LIVING ADJUSTMENT.—The Secretary shall adjust the $6,000 amount under subparagraph (B)(i)(I) at the same time and in the same manner as under section 408(p)(2)(E).’’. (C) Subparagraph (A) of section 404(a)(3) is amended— (i) in clause (i), by striking ‘‘not in excess of’’ and all that follows and inserting the following: ‘‘not in excess of the greater of— ‘‘(I) 15 percent of the compensation otherwise paid or accrued during the taxable year to the beneficiaries under the stock bonus or profit-sharing plan, or ‘‘(II) the amount such employer is required to contribute to such trust under section 401(k)(11) for such year.’’, and (ii) in clause (ii), by striking ‘‘15 percent’’ and all that follows and inserting the following ‘‘the amount described in subclause (I) or (II) of clause (i), whichever is greater, with respect to such taxable year.’’. (D) Subparagraph (B) of section 401(k)(11) is amended by adding at the end the following new clause: ‘‘(iii) ADMINISTRATIVE REQUIREMENTS.— ‘‘(I) IN GENERAL.—Rules similar to the rules of subparagraphs (B) and (C) of section 408(p)(5) shall apply for purposes of this subparagraph. ‘‘(II) NOTICE OF ELECTION PERIOD.—The requirements of this subparagraph shall not be treated as met with respect to any year unless the employer notifies each employee eligible to participate, within a reasonable period of time before the 60th day before the beginning of such year (and, for the first year the employee is so eligible, the 60th day before the first day such employee is so eligible), of

312 the rules similar to the rules of section 408(p)(5)(C) which apply by reason of subclause (I).’’. (3) AMENDMENT RELATED TO SECTION 1433.—The heading of paragraph (11) of section 401(m) is amended by striking ‘‘ALTERNATIVE’’ and inserting ‘‘ADDITIONAL ALTERNATIVE’’. (4) CLARIFICATION OF SECTION 1450.— (A) Section 403(b)(11) of the Internal Revenue Code of 1986 shall not apply with respect to a distribution from a contract described in section 1450(b)(1) of such Act to the extent that such distribution is not includible in income by reason of— (i) in the case of distributions before January 1, 1998, section 403 (b)(8) or (b)(10) of such Code (determined after the application of section 1450(b)(2) of such Act), and (ii) in the case of distributions on and after such date, such section 403(b)(1). (B) This paragraph shall apply as if included in section 1450 of the Small Business Job Protection Act of 1996. (5) AMENDMENT RELATED TO SECTION 1451.—Clause (ii) of section 205(c)(8)(A) of the Employee Retirement Income Security Act of 1974 is amended by striking ‘‘Secretary’’ and inserting ‘‘Secretary of the Treasury’’. (6) AMENDMENTS RELATED TO SECTION 1461.— (A) Section 414(e)(5)(A) is amended to read as follows: ‘‘(A) CERTAIN MINISTERS MAY PARTICIPATE.—For purposes of this part— ‘‘(i) IN GENERAL.—A duly ordained, commissioned, or licensed minister of a church is described in paragraph (3)(B) if, in connection with the exercise of their ministry, the minister— ‘‘(I) is a self-employed individual (within the meaning of section 401(c)(1)(B)), or ‘‘(II) is employed by an organization other than an organization which is described in section 501(c)(3) and with respect to which the minister shares common religious bonds. ‘‘(ii) TREATMENT AS EMPLOYER AND EMPLOYEE.— For purposes of sections 403(b)(1)(A) and 404(a)(10), a minister described in clause (i)(I) shall be treated as employed by the minister’s own employer which is an organization described in section 501(c)(3) and exempt from tax under section 501(a).’’. (B) Section 403(b)(1)(A) is amended by striking ‘‘or’’ at the end of clause (i), by inserting ‘‘or’’ at the end of clause (ii), and by adding at the end the following new clause: ‘‘(iii) for the minister described in section 414(e)(5)(A) by the minister or by an employer,’’. (7) AMENDMENT RELATED TO SECTION 1462.—The paragraph (7) of section 414(q) added by section 1462 of the Small Business Job Protection Act of 1996 is redesignated as paragraph (9). (e) AMENDMENT RELATED TO SUBTITLE E.—Subparagraph (A) of section 956(b)(1) is amended by inserting ‘‘to the extent such

313 amount was accumulated in prior taxable years’’ after ‘‘section 316(a)(1)’’. (f) AMENDMENTS RELATED TO SUBTITLE F.— (1) AMENDMENTS RELATED TO SECTION 1601.— (A) The heading of section 30A is amended to read as follows:
‘‘SEC. 30A. PUERTO RICO ECONOMIC ACTIVITY CREDIT.’’.

(B) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended in the item relating to section 30A by striking ‘‘Puerto Rican’’ and inserting ‘‘Puerto Rico’’. (C) Paragraph (1) of section 55(c) is amended by striking ‘‘Puerto Rican’’ and inserting ‘‘Puerto Rico’’. (2) AMENDMENTS RELATED TO SECTION 1606.— (A) Clause (ii) of section 9503(c)(2)(A) is amended by striking ‘‘(or with respect to qualified diesel-powered highway vehicles purchased before January 1, 1999)’’. (B) Subparagraph (A) of section 9503(e)(5) is amended by striking ‘‘; except that’’ and all that follows and inserting a period. (3) AMENDMENTS RELATED TO SECTION 1607.— (A) Subsection (f) of section 4001 (relating to phasedown of tax on luxury passenger automobiles) is amended— (i) by inserting ‘‘and section 4003(a)’’ after ‘‘subsection (a)’’, and (ii) by inserting ‘‘, each place it appears,’’ before ‘‘the percentage’’. (B) Subsection (g) of section 4001 (relating to termination) is amended by striking ‘‘tax imposed by this section’’ and inserting ‘‘taxes imposed by this section and section 4003’’ and by striking ‘‘or use’’ and inserting ‘‘, use, or installation’’. (C) The amendments made by this paragraph shall apply to sales after the date of the enactment of this Act. (4) AMENDMENTS RELATED TO SECTION 1609.— (A) Subsection (l) of section 4041 is amended— (i) by inserting ‘‘or a fixed-wing aircraft’’ after ‘‘helicopter’’, and (ii) in the heading, by striking ‘‘HELICOPTER’’. (B) The last sentence of section 4041(a)(2) is amended by striking ‘‘section 4081(a)(2)(A)’’ and inserting ‘‘section 4081(a)(2)(A)(i)’’. (C) Subsection (b) of section 4092 is amended by striking ‘‘section 4041(c)(4)’’ and inserting ‘‘section 4041(c)(2)’’. (D) Subsection (g) of section 4261 (as redesignated by title X) is amended by inserting ‘‘on that flight’’ after ‘‘dedicated’’. (E) Paragraph (1) of section 1609(h) of such Act is amended by striking ‘‘paragraph (3)(A)(i)’’ and inserting ‘‘paragraph (3)(A)’’. (F) Paragraph (4) of section 1609(h) of such Act is amended by inserting before the period ‘‘or exclusively for the use described in section 4092(b) of such Code’’.

314 (5) AMENDMENTS RELATED TO SECTION 1616.— (A) Subparagraph (A) of section 593(e)(1) is amended by inserting ‘‘(and, in the case of an S corporation, the accumulated adjustments account, as defined in section 1368(e)(1))’’ after ‘‘1951,’’. (B) Paragraph (7) of section 1374(d) is amended by adding at the end the following new sentence: ‘‘For purposes of applying this section to any amount includible in income by reason of section 593(e), the preceding sentence shall be applied without regard to the phrase ‘10-year’.’’. (6) AMENDMENTS RELATED TO SECTION 1621.— (A) Subparagraph (A) of section 860L(b)(1) is amended in the text preceding clause (i) by striking ‘‘after the startup date’’ and inserting ‘‘on or after the startup date’’. (B) Paragraph (2) of section 860L(d) is amended by striking ‘‘section 860I(c)(2)’’ and inserting ‘‘section 860I(b)(2)’’. (C) Subparagraph (B) of section 860L(e)(2) is amended by inserting ‘‘other than foreclosure property’’ after ‘‘any permitted asset’’. (D) Subparagraph (A) of section 860L(e)(3) is amended by striking ‘‘if the FASIT’’ and all that follows and inserting the following new flush text after clause (ii): ‘‘if the FASIT were treated as a REMIC and permitted assets (other than cash or cash equivalents) were treated as qualified mortgages.’’. (E)(i) Paragraph (3) of section 860L(e) is amended by adding at the end the following new subparagraph: ‘‘(D) INCOME FROM DISPOSITIONS OF FORMER HEDGE ASSETS.—Paragraph (2)(A) shall not apply to income derived from the disposition of— ‘‘(i) an asset which was described in subsection (c)(1)(D) when first acquired by the FASIT but on the date of such disposition was no longer described in subsection (c)(1)(D)(ii), or ‘‘(ii) a contract right to acquire an asset described in clause (i).’’. (ii) Subparagraph (A) of section 860L(e)(2) is amended by inserting ‘‘except as provided in paragraph (3),’’ before ‘‘the receipt’’. (g) AMENDMENTS RELATED TO SUBTITLE G.— (1) EXTENSION OF PERIOD FOR CLAIMING REFUNDS FOR ALCOHOL FUELS.—Notwithstanding section 6427(i)(3)(C) of the Internal Revenue Code of 1986, a claim filed under section 6427(f) of such Code for any period after September 30, 1995, and before October 1, 1996, shall be treated as timely filed if filed before the 60th day after the date of the enactment of this Act. (2) AMENDMENTS TO SECTIONS 1703 AND 1704.—Sections 1703(n)(8) and 1704(j)(4)(B) of the Small Business Job Protection Act of 1996 shall each be applied as if such sections referred to section 1702 instead of section 1602. (h) AMENDMENTS RELATED TO SUBTITLE H.— (1) AMENDMENTS RELATED TO SECTION 1806.—

315 (A) Subparagraph (B) of section 529(e)(1) is amended by striking ‘‘subsection (c)(2)(C)’’ and inserting ‘‘subsection (c)(3)(C)’’. (B) Subparagraph (C) of section 529(e)(1) is amended by inserting ‘‘(or agency or instrumentality thereof)’’ after ‘‘local government’’. (C) Paragraph (2) of section 1806(c) of the Small Business Job Protection Act of 1996 is amended by striking so much of the first sentence as follows subparagraph (B)(ii) and inserting the following: ‘‘then such program (as in effect on August 20, 1996) shall be treated as a qualified State tuition program with respect to contributions (and earnings allocable thereto) pursuant to contracts entered into under such program before the first date on which such program meets such requirements (determined without regard to this paragraph) and the provisions of such program (as so in effect) shall apply in lieu of section 529(b) of the Internal Revenue Code of 1986 with respect to such contributions and earnings.’’. (2) AMENDMENTS RELATED TO SECTION 1807.— (A) Paragraph (2) of section 23(a) is amended to read as follows: ‘‘(2) YEAR CREDIT ALLOWED.—The credit under paragraph (1) with respect to any expense shall be allowed— ‘‘(A) in the case of any expense paid or incurred before the taxable year in which such adoption becomes final, for the taxable year following the taxable year during which such expense is paid or incurred, and ‘‘(B) in the case of an expense paid or incurred during or after the taxable year in which such adoption becomes final, for the taxable year in which such expense is paid or incurred.’’. (B) Subparagraph (B) of section 23(b)(2) is amended by striking ‘‘determined—’’ and all that follows and inserting the following: ‘‘determined without regard to sections 911, 931, and 933.’’. (C) Paragraph (1) of section 137(b) (relating to adoption assistance programs) is amended by striking ‘‘amount excludable from gross income’’ and inserting ‘‘of the amounts paid or expenses incurred which may be taken into account’’. (D)(i) Subparagraph (C) of section 414(n)(3) is amended by inserting ‘‘137,’’ after ‘‘132,’’. (ii) Paragraph (2) of section 414(t) is amended by inserting ‘‘137,’’ after ‘‘132,’’. (iii) Paragraph (1) of section 6039D(d) is amended by striking ‘‘or 129’’ and inserting ‘‘129, or 137’’. (i) AMENDMENTS RELATED TO SUBTITLE I.— (1) AMENDMENT RELATED TO SECTION 1901.—Subsection (b) of section 6048 is amended in the heading by striking ‘‘GRANTOR’’ and inserting ‘‘OWNER’’. (2) AMENDMENTS RELATED TO SECTION 1903.— Clauses (ii) and (iii) of section 679(a)(3)(C) are each amended by inserting ‘‘, owner,’’ after ‘‘grantor’’.

316 (3) AMENDMENTS RELATED TO SECTION 1907.— (A) Clause (ii) of section 7701(a)(30)(E) is amended by striking ‘‘fiduciaries’’ and inserting ‘‘persons’’. (B) Subsection (b) of section 641 is amended by adding at the end the following new sentence: ‘‘For purposes of this subsection, a foreign trust or foreign estate shall be treated as a nonresident alien individual who is not present in the United States at any time.’’. (4) EFFECTIVE DATE RELATED TO SUBTITLE I.—The Secretary of the Treasury may by regulations or other administrative guidance provide that the amendments made by section 1907(a) of the Small Business Job Protection Act of 1996 shall not apply to a trust with respect to a reasonable period beginning on the date of the enactment of such Act, if— (A) such trust is in existence on August 20, 1996, and is a United States person for purposes of the Internal Revenue Code of 1986 on such date (determined without regard to such amendments), (B) no election is in effect under section 1907(a)(3)(B) of such Act with respect to such trust, (C) before the expiration of such reasonable period, such trust makes the modifications necessary to be treated as a United States person for purposes of such Code (determined with regard to such amendments), and (D) such trust meets such other conditions as the Secretary may require. (j) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the provisions of the Small Business Job Protection Act of 1996 to which they relate. (2) CERTAIN ADMINISTRATIVE REQUIREMENTS WITH RESPECT TO CERTAIN PENSION PLANS.—The amendment made by subsection (d)(2)(D) shall apply to calendar years beginning after the date of the enactment of this Act.
SEC. 1602. AMENDMENTS RELATED TO HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.

(a) AMENDMENTS RELATED TO SECTION 301.— (1) Paragraph (2) of section 26(b) is amended by striking ‘‘and’’ at the end of subparagraph (N), by striking the period at the end of subparagraph (O) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(P) section 220(f)(4) (relating to additional tax on medical savings account distributions not used for qualified medical expenses).’’. (2) Paragraph (3) of section 220(c) is amended by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively. (3) Subparagraph (C) of section 220(d)(2) is amended by striking ‘‘an eligible individual’’ and inserting ‘‘described in clauses (i) and (ii) of subsection (c)(1)(A)’’. (4) Subsection (a) of section 6693 is amended by adding at the end the following new sentence:

317 ‘‘This subsection shall not apply to any report which is an information return described in section 6724(d)(1)(C)(i) or a payee statement described in section 6724(d)(2)(X).’’. (5) Paragraph (4) of section 4975(c) is amended by striking ‘‘if, with respect to such transaction’’ and all that follows and inserting the following: ‘‘if section 220(e)(2) applies to such transaction.’’. (b) AMENDMENT RELATED TO SECTION 321.—Subparagraph (B) of section 7702B(c)(2) is amended in the last sentence by inserting ‘‘described in subparagraph (A)(i)’’ after ‘‘chronically ill individual’’. (c) AMENDMENTS RELATED TO SECTION 322.—Subparagraph (B) of section 162(l)(2) is amended by adding at the end the following new sentence: ‘‘The preceding sentence shall be applied separately with respect to— ‘‘(i) plans which include coverage for qualified long-term care services (as defined in section 7702B(c)) or are qualified long-term care insurance contracts (as defined in section 7702B(b)), and ‘‘(ii) plans which do not include such coverage and are not such contracts.’’. (d) AMENDMENTS RELATED TO SECTION 323.— (1) Paragraph (1) of section 6050Q(b) is amended by inserting ‘‘, address, and phone number of the information contact’’ after ‘‘name’’. (2)(A) Paragraph (2) of section 6724(d) is amended by striking so much as follows subparagraph (Q) and precedes the last sentence, and inserting the following new subparagraphs: ‘‘(R) section 6050R(c) (relating to returns relating to certain purchases of fish), ‘‘(S) section 6051 (relating to receipts for employees), ‘‘(T) section 6052(b) (relating to returns regarding payment of wages in the form of group-term life insurance), ‘‘(U) section 6053(b) or (c) (relating to reports of tips), ‘‘(V) section 6048(b)(1)(B) (relating to foreign trust reporting requirements), ‘‘(W) section 4093(c)(4)(B) (relating to certain purchasers of diesel and aviation fuels), ‘‘(X) section 408(i) (relating to reports with respect to individual retirement plans) to any person other than the Secretary with respect to the amount of payments made to such person, or ‘‘(Y) section 6047(d) (relating to reports by plan administrators) to any person other than the Secretary with respect to the amount of payments made to such person.’’. (B) Subsection (e) of section 6652 is amended in the last sentence by striking ‘‘section 6724(d)(2)(X)’’ and inserting ‘‘section 6724(d)(2)(Y)’’. (e) AMENDMENT RELATED TO SECTION 325.—Clauses (ii) and (iii) of section 7702B(g)(4)(B) are each amended by striking ‘‘Secretary’’ and inserting ‘‘appropriate State regulatory agency’’. (f) AMENDMENTS RELATED TO SECTION 501.— (1) Paragraph (4) of section 264(a) is amended by striking subparagraph (A) and all that follows through ‘‘by the taxpayer.’’ and inserting the following:

318 ‘‘(A) is or was an officer or employee, or ‘‘(B) is or was financially interested in, any trade or business carried on (currently or formerly) by the taxpayer.’’. (2) The last 2 sentences of section 264(d)(2)(B)(ii) are amended to read as follows: ‘‘For purposes of subclause (II), the term ‘applicable period’ means the 12-month period beginning on the date the policy is issued (and each successive 12-month period thereafter) unless the taxpayer elects a number of months (not greater than 12) other than such 12-month period to be its applicable period. Such an election shall be made not later than the 90th day after the date of the enactment of this sentence and, if made, shall apply to the taxpayer’s first taxable year ending on or after October 13, 1995, and all subsequent taxable years unless revoked with the consent of the Secretary.’’. (3) Subparagraph (B) of section 264(d)(4) is amended by striking ‘‘the employer’’ and inserting ‘‘the taxpayer’’. (4) Subsection (c) of section 501 of the Health Insurance Portability and Accountability Act of 1996 is amended by striking paragraph (3). (5) Paragraph (2) of section 501(d) of such Act is amended by striking ‘‘no additional premiums’’ and all that follows and inserting the following: ‘‘a lapse occurring after October 13, 1995, by reason of no additional premiums being received under the contract.’’. (g) AMENDMENTS RELATED TO SECTION 511.— (1) Subparagraph (B) of section 877(d)(2) is amended by striking ‘‘the 10-year period described in subsection (a)’’ and inserting ‘‘the 10-year period beginning on the date the individual loses United States citizenship’’. (2) Subparagraph (D) of section 877(d)(2) is amended by adding at the end the following new sentence: ‘‘In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.’’. (3) Paragraph (3) of section 877(d) is amended by inserting ‘‘and the period applicable under paragraph (2)’’ after ‘‘subsection (a)’’. (4) Subparagraph (A) of section 877(d)(4) is amended— (A) by inserting ‘‘during the 10-year period beginning on the date the individual loses United States citizenship’’ after ‘‘contributes property’’ in clause (i), (B) by inserting ‘‘immediately before such contribution’’ after ‘‘from such property’’, and (C) by striking ‘‘during the 10-year period referred to in subsection (a),’’. (5) Subparagraph (C) of section 2501(a)(3) is amended by striking ‘‘decedent’’ and inserting ‘‘donor’’. (6)(A) Clause (i) of section 2107(c)(2)(B) is amended by striking ‘‘such foreign country in respect of property included in the gross estate as the value of the property’’ and inserting

319 ‘‘such foreign country as the value of the property subjected to such taxes by such foreign country and’’. (B) Subparagraph (C) of section 2107(c)(2) is amended to read as follows: ‘‘(C) PROPORTIONATE SHARE.—In the case of property which is included in the gross estate solely by reason of subsection (b), such property’s proportionate share is the percentage which the value of such property bears to the total value of all property included in the gross estate solely by reason of subsection (b).’’. (h) AMENDMENTS RELATED TO SECTION 512.— (1) Subpart A of part III of subchapter A of chapter 61 is amended by redesignating the section 6039F added by section 512 of the Health Insurance Portability and Accountability Act of 1996 as section 6039G and by moving such section 6039G to immediately after the section 6039F added by section 1905 of the Small Business Job Protection Act of 1996. (2) The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by striking the item relating to the section 6039F related to information on individuals losing United States citizenship and inserting after the item relating to the section 6039F related to notice of large gifts received from foreign persons the following new item:
‘‘Sec. 6039G. Information on individuals losing United States citizenship.’’.

(3) Paragraph (1) of section 877(e) is amended by striking ‘‘6039F’’ and inserting ‘‘6039G’’. (i) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the provisions of the Health Insurance Portability and Accountability Act of 1996 to which such amendments relate.
SEC. 1603. AMENDMENTS RELATED TO TAXPAYER BILL OF RIGHTS 2.

(a) AMENDMENT RELATED TO SECTION 1311.—Subsection (b) of section 4962 is amended by striking ‘‘subchapter A or C’’ and inserting ‘‘subchapter A, C, or D’’. (b) AMENDMENTS RELATED TO SECTION 1312.— (1)(A) Paragraph (10) of section 6033(b) is amended by striking all that precedes subparagraph (A) and inserting the following: ‘‘(10) the respective amounts (if any) of the taxes imposed on the organization, or any organization manager of the organization, during the taxable year under any of the following provisions (and the respective amounts (if any) of reimbursements paid by the organization during the taxable year with respect to taxes imposed on any such organization manager under any of such provisions):’’. (B) Subparagraph (C) of section 6033(b)(10) is amended by adding at the end the following: ‘‘except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded,’’. (2) Paragraph (11) of section 6033(b) is amended to read as follows: ‘‘(11) the respective amounts (if any) of—

320 ‘‘(A) the taxes imposed with respect to the organization on any organization manager, or any disqualified person, during the taxable year under section 4958 (relating to taxes on private excess benefit from certain charitable organizations), and ‘‘(B) reimbursements paid by the organization during the taxable year with respect to taxes imposed under such section, except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded,’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the provisions of the Taxpayer Bill of Rights 2 to which such amendments relate.
SEC. 1604. MISCELLANEOUS PROVISIONS.

(a) AMENDMENTS RELATED TO ENERGY POLICY ACT OF 1992.— (1) Paragraph (1) of section 263(a) is amended by striking ‘‘or’’ at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ‘‘; or’’, and by adding at the end the following new subparagraph: ‘‘(H) expenditures for which a deduction is allowed under section 179A.’’. (2) Subparagraph (B) of section 312(k)(3) is amended— (A) by striking ‘‘179’’ in the heading and the first place it appears in the text and inserting ‘‘179 or 179A’’, and (B) by striking ‘‘179’’ the last place it appears and inserting ‘‘179 or 179A, as the case may be’’. (3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are each amended by inserting ‘‘179A,’’ after ‘‘179,’’. (4) The amendments made by this subsection shall take effect as if included in the amendments made by section 1913 of the Energy Policy Act of 1992. (b) AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS ACT.— (1) Paragraph (1) of section 6621(a) is amended in the last sentence by striking ‘‘subsection (c)(3))’’ and inserting ‘‘subsection (c)(3), applied by substituting ‘overpayment’ for ‘underpayment’)’’. (2)(A) Subclause (II) of section 412(m)(5)(E)(ii) is amended by striking ‘‘clause (i)’’ and inserting ‘‘subclause (I)’’. (B) Subclause (II) of section 302(e)(5)(E)(ii) of the Employee Retirement Income Security Act of 1974 is amended by striking ‘‘clause (i)’’ and inserting ‘‘subclause (I)’’. (3) Subparagraph (A) of section 767(d)(3) of the Uruguay Round Agreements Act is amended in the last sentence by striking ‘‘(except that’’ and all that follows through ‘‘into account)’’. (4) The amendments made by this subsection shall take effect as if included in the sections of the Uruguay Round Agreements Act to which they relate. (c) AMENDMENT RELATED TO OMNIBUS BUDGET RECONCILIATION ACT OF 1993.—

321 (1) Paragraph (6) of section 168(j) (defining Indian reservation) is amended by adding at the end the following new flush sentence: ‘‘For purposes of the preceding sentence, such section 3(d) shall be applied by treating the term ‘former Indian reservations in Oklahoma’ as including only lands which are within the jurisdictional area of an Oklahoma Indian tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under 25 CFR Part 151 (as in effect on the date of the enactment of this sentence).’’. (2) The amendment made by paragraph (1) shall apply as if included in the amendments made by section 13321 of the Omnibus Budget Reconciliation Act of 1993, except that such amendment shall not apply— (A) with respect to property (with an applicable recovery period under section 168(j) of the Internal Revenue Code of 1986 of 6 years or less) held by the taxpayer if the taxpayer claimed the benefits of section 168(j) of such Code with respect to such property on a return filed before March 18, 1997, but only if such return is the first return of tax filed for the taxable year in which such property was placed in service, or (B) with respect to wages for which the taxpayer claimed the benefits of section 45A of such Code for a taxable year on a return filed before March 18, 1997, but only if such return was the first return of tax filed for such taxable year. (d) AMENDMENTS RELATED TO TAX REFORM ACT OF 1986.— (1) Paragraph (3) of section 1059(d) is amended by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)’’. (2)(A) Subparagraph (A) of section 833(b)(1) is amended— (i) by inserting before the comma at the end of clause (i) ‘‘and liabilities incurred during the taxable year under cost-plus contracts’’, and (ii) by inserting before the comma at the end of clause (ii) ‘‘or in connection with the administration of cost-plus contracts’’. (B) The amendment made by subparagraph (A) shall take effect as if included in the amendments made by section 1012 of the Tax Reform Act of 1986. (e) AMENDMENT RELATED TO TAX REFORM ACT OF 1984.— (1) Section 267(f) is amended by adding at the end the following new paragraph: ‘‘(4) DETERMINATION OF RELATIONSHIP RESULTING IN DISALLOWANCE OF LOSS, FOR PURPOSES OF OTHER PROVISIONS.— For purposes of any other section of this title which refers to a relationship which would result in a disallowance of losses under this section, deferral under paragraph (2) shall be treated as disallowance.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if included in section 174(b) of the Tax Reform Act of 1984. (f) AMENDMENTS RELATED TO BALANCED BUDGET ACT OF 1997.—

322 (1) The Balanced Budget Act of 1997 is amended— (A) in the table of contents for title IV, in the item relating to section 4921, by striking ‘‘children with’’; (B) in the heading for section 4921, by striking ‘‘children with’’; and (C) in the section added by section 4921— (i) in the heading for such section, by striking ‘‘children with’’; and (ii) by amending subsection (a) to read as follows: ‘‘(a) IN GENERAL.—The Secretary, directly or through grants, shall provide for research into the prevention and cure of Type I diabetes.’’. (2)(A) Section 11201(g)(2)(B)(iii) of the Balanced Budget Act of 1997 shall apply as if the reference in such section to ‘‘December 31, 2003’’ were a reference to ‘‘December 31, 2001’’. (B) Notwithstanding section 11104(b)(3) of the Balanced Budget Act of 1997, in carrying out any of the management reform plans under such section, the head of a department of the government of the District of Columbia shall report solely to the District of Columbia Financial Responsibility and Management Assistance Authority. (3) Section 9302 of the Balanced Budget Act of 1997 is amended by adding at the end the following new subsection: ‘‘(k) COORDINATION WITH TOBACCO INDUSTRY SETTLEMENT AGREEMENT.—The increase in excise taxes collected as a result of the amendments made by subsections (a), (e), and (g) of this section shall be credited against the total payments made by parties pursuant to Federal legislation implementing the tobacco industry settlement agreement of June 20, 1997. (4) The provisions of, and amendments made by, this subsection shall take effect immediately after the sections referred to in this subsection take effect. (g) CLERICAL AMENDMENTS.— (1) Clause (iii) of section 163(j)(2)(B) is amended by striking ‘‘clause (i)’’ and inserting ‘‘clause (ii)’’. (2) Paragraph (1) of section 665(d) is amended in the last sentence by striking ‘‘or 669 (d) and (e)’’. (3) Subsection (g) of section 1441 (relating to cross reference) is amended by striking ‘‘one-half’’ and inserting ‘‘85 percent’’. (4) Paragraph (1) of section 2523(g) is amended by striking ‘‘qualified remainder trust’’ and inserting ‘‘qualified charitable remainder trust’’. (5) Subsection (d) of section 9502 is amended by redesignating the paragraph added by section 806 of the Federal Aviation Reauthorization Act of 1996 as paragraph (6).

323

TITLE XVII—IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO LINE ITEM VETO
SEC. 1701. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO LINE ITEM VETO.

Section 1021(a)(3) of the Congressional Budget and Impoundment Control Act of 1974 shall only apply to— (1) section 101(c) (relating to high risk pools permitted to cover dependents of high risk individuals); (2) section 222 (relating to limitation on qualified 501(c)(3) bonds other than hospital bonds); (3) section 224 (relating to contributions of computer technology and equipment for elementary or secondary school purposes); (4) section 312(a) (relating to treatment of remainder interests for purposes of provision relating to gain on sale of principal residence); (5) section 501(b) (relating to indexing of alternative valuation of certain farm, etc., real property); (6) section 504 (relating to extension of treatment of certain rents under section 2032A to lineal descendants); (7) section 505 (relating to clarification of judicial review of eligibility for extension of time for payment of estate tax); (8) section 508 (relating to treatment of land subject to qualified conservation easement); (9) section 511 (relating to expansion of exception from generation-skipping transfer tax for transfers to individuals with deceased parents); (10) section 601 (relating to the research tax credit); (11) section 602 (relating to contributions of stock to private foundations); (12) section 603 (relating to the work opportunity tax credit); (13) section 604 (relating to orphan drug tax credit); (14) section 701 (relating to incentives for revitalization of the District of Columbia) to the extent it amends the Internal Revenue Code of 1986 to create sections 1400 and 1400A (relating to tax-exempt economic development bonds); (15) section 701 (relating to incentives for revitalization of the District of Columbia) to the extent it amends the Internal Revenue Code of 1986 to create section 1400C (relating to firsttime homebuyer credit for District of Columbia); (16) section 801 (relating to incentives for employing longterm family assistance recipients); (17) section 904(b) (relating to uniform rate of tax on vaccines) as it relates to any vaccine containing pertussis bacteria, extracted or partial cell bacteria, or specific pertussis antigens; (18) section 904(b) (relating to uniform rate of tax on vaccines) as it relates to any vaccine against measles; (19) section 904(b) (relating to uniform rate of tax on vaccines) as it relates to any vaccine against mumps;

324 (20) section 904(b) (relating to uniform rate of tax on vaccines) as it relates to any vaccine against rubella; (21) section 905 (relating to operators of multiple retail gasoline outlets treated as wholesale distributors for refund purposes); (22) section 906 (relating to exemption of electric and other clean-fuel motor vehicles from luxury automobile classification); (23) section 907(a) (relating to rate of tax on liquefied natural gas determined on basis of BTU equivalency with gasoline); (24) section 907(b) (relating to rate of tax on methanol from natural gas determined on basis of BTU equivalency with gasoline); (25) section 908 (relating to modification of tax treatment of hard cider); (26) section 914 (relating to mortgage financing for residences located in disaster areas); (27) section 962 (relating to assignment of workmen’s compensation liability eligible for exclusion relating to personal injury liability assignments); (28) section 963 (relating to tax-exempt status for certain State worker’s compensation act companies); (29) section 967 (relating to additional advance refunding of certain Virgin Island bonds); (30) section 968 (relating to nonrecognition of gain on sale of stock to certain farmers’ cooperatives); (31) section 971 (relating to exemption of the incremental cost of a clean fuel vehicle from the limits on depreciation for vehicles); (32) section 974 (relating to clarification of treatment of certain receivables purchased by cooperative hospital service organizations); (33) section 975 (relating to deduction in computing adjusted gross income for expenses in connection with service performed by certain officials) with respect to taxable years beginning before 1991; (34) section 977 (relating to elective carryback of existing carryovers of National Railroad Passenger Corporation); (35) section 1005(b)(2)(B) (relating to transition rule for instruments described in a ruling request submitted to the Internal Revenue Service on or before June 8, 1997); (36) section 1005(b)(2)(C) (relating to transition rule for instruments described on or before June 8, 1997, in a public announcement or in a filing with the Securities and Exchange Commission) as it relates to a public announcement; (37) section 1005(b)(2)(C) (relating to transition rule for instruments described on or before June 8, 1997, in a public announcement or in a filing with the Securities and Exchange Commission) as it relates to a filing with the Securities and Exchange Commission; (38) section 1011(d)(2)(B) (relating to transition rule for distributions made pursuant to the terms of a tender offer outstanding on May 3, 1995);

325 (39) section 1011(d)(3) (relating to transition rule for distributions made pursuant to the terms of a tender offer outstanding on September 13, 1995); (40) section 1012(d)(3)(B) (relating to transition rule for distributions pursuant to an acquisition described in section 355(e)(2)(A)(ii) of the Internal Revenue Code of 1986 described in a ruling request submitted to the Internal Revenue Service on or before April 16, 1997); (41) section 1012(d)(3)(C) (relating to transition rule for distributions pursuant to an acquisition described in section 355(e)(2)(A)(ii) of the Internal Revenue Code of 1986 described in a public announcement or filing with the Securities and Exchange Commission) as it relates to a public announcement; (42) section 1012(d)(3)(C) (relating to transition rule for distributions pursuant to an acquisition described in section 355(e)(2)(A)(ii) of the Internal Revenue Code of 1986 described in a public announcement or filing with the Securities and Exchange Commission) as it relates to a filing with the Securities and Exchange Commission; (43) section 1013(d)(2)(B) (relating to transition rule for distributions or acquisitions after June 8, 1997, described in a ruling request submitted to the Internal Revenue Service submitted on or before June 8, 1997); (44) section 1013(d)(2)(C) (relating to transition rule for distributions or acquisitions after June 8, 1997, described in a public announcement or filing with the Securities and Exchange Commission on or before June 8, 1997) as it relates to a public announcement; (45) section 1013(d)(2)(C) (relating to transition rule for distributions or acquisitions after June 8, 1997, described in a public announcement or filing with the Securities and Exchange Commission on or before June 8, 1997) as it relates to a filing with the Securities and Exchange Commission; (46) section 1014(f)(2)(B) (relating to transition rule for any transaction after June 8, 1997, if such transaction is described in a ruling request submitted to the Internal Revenue Service on or before June 8, 1997); (47) section 1014(f)(2)(C) (relating to transition rule for any transaction after June 8, 1997, if such transaction is described in a public announcement or filing with the Securities and Exchange Commission on or before June 8, 1997) as it relates to a public announcement; (48) section 1014(f)(2)(C) (relating to transition rule for any transaction after June 8, 1997, if such transaction is described in a public announcement or filing with the Securities and Exchange Commission on or before June 8, 1997) as it relates to a filing with the Securities and Exchange Commission; (49) section 1042(b) (relating to special rules for provision terminating certain exceptions from rules relating to exempt organizations which provide commercial-type insurance); (50) section 1081(a) (relating to termination of suspense accounts for family corporations required to use accrual method of accounting) as it relates to the repeal of Internal Revenue Code section 447(i)(3);

326 (51) section 1089(b)(3) (relating to reformations); (52) section 1089(b)(5)(B)(i) (relating to persons under a mental disability); (53) section 1171 (relating to treatment of computer software as FSC export property); (54) section 1175 (relating to exemption for active financing income); (55) section 1204 (relating to travel expenses of certain Federal employees engaged in criminal investigations); (56) section 1236 (relating to extension of time for filing a request for administrative adjustment); (57) section 1243 (relating to special rules for administrative adjustment request with respect to bad debts or worthless securities); (58) section 1251 (relating to clarification of limitation on maximum number of shareholders); (59) section 1253 (relating to attribution rules applicable to stock ownership); (60) section 1256 (relating to modification of earnings and profits rules for determining whether REIT has earnings and profits from non-REIT year); (61) section 1257 (relating to treatment of foreclosure property); (62) section 1261 (relating to shared appreciation mortgages); (63) section 1302 (relating to clarification of waiver of certain rights of recovery); (64) section 1303 (relating to transitional rule under section 2056A); (65) section 1304 (relating to treatment for estate tax purposes of short-term obligations held by nonresident aliens); (66) section 1311 (relating to clarification of treatment of survivor annuities under qualified terminable interest rules); (67) section 1312 (relating to treatment of qualified domestic trust rules of forms of ownership which are not trusts); (68) section 1313 (relating to opportunity to correct failures under section 2032A); (69) section 1414 (relating to fermented material from any brewery may be received at a distilled spirits plant); (70) section 1417 (relating to use of additional ameliorating material in certain wines); (71) section 1418 (relating to domestically produced beer may be withdrawn free of tax for use of foreign embassies, legations, etc.); (72) section 1421 (relating to transfer to brewery of beer imported in bulk without payment of tax); (73) section 1422 (relating to transfer to bonded wine cellars of wine imported in bulk without payment of tax); (74) section 1506 (relating to clarification of certain rules relating to employee stock ownership plans of S corporations); (75) section 1507 (relating to modification of 10-percent tax for nondeductible contributions); (76) section 1523 (relating to repeal of application of unrelated business income tax to ESOPs);

327 (77) section 1530 (relating to gratuitous transfers for the benefit of employees); (78) section 1532 (relating to special rules relating to church plans); and (79) section 1604(c)(2) (relating to amendment related to Omnibus Budget Reconciliation Act of 1993). For consideration of the House bill, and the Senate amendment, and modifications committed to conference: JOHN R. KASICH, BILL ARCHER, PHIL CRANE, WILLIAM M. THOMAS, DICK ARMEY, TOM DELAY, CHARLES B. RANGEL, As additional conferees from the Committee on Transportation and Infrastructure, for consideration of secs. 702 and 704 of the Senate amendment, and modifications committed to conference: BUD SHUSTER, SUSAN MOLINARI, JAMES L. OBERSTAR, As additional conferees from the Committee on Education and the Workforce, for consideration of secs. 713–14, 717, 879, 1302, 1304–5, and 1311 of the Senate amendment, and modifications committed to conference: BILL GOODLING, HARRIS W. FAWELL, DONALD M. PAYNE, Managers on the Part of the House. From the Committee on Finance: BILL ROTH, TRENT LOTT, DANIEL P. MOYNIHAN, From the Committee on the Budget: PETE DOMENICI, DON NICKLES, FRANK R. LAUTENBERG, Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2014) to provide for reconciliation pursuant to subsections (b)(2) and (d) of section 105 of the concurrent resolution on the budget for fiscal year 1998, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: The Senate amendment struck all of the House bill after the enacting clause and inserted a substitute text. The House recedes from its disagreement to the amendment of the Senate with an amendment that is a substitute for the House bill and the Senate amendment. The differences between the House bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the conferees, and minor drafting and clerical changes.

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I. CHILD AND DEPENDENT CARE TAX CREDIT; HEALTH CARE FOR CHILDREN A. Child Tax Credit (sec. 101 (a), (c), and (d) of the House bill and sec. 101 of the Senate amendment) Present Law In general Present law does not provide tax credits based solely on the taxpayer’s number of dependent children. Taxpayers with dependent children, however, generally are able to claim a personal exemption for each of these dependents. The total amount of personal exemptions is subtracted (along with certain other items) from adjusted gross income (‘‘AGI’’) in arriving at taxable income. The amount of each personal exemption is $2,650 for 1997, and is adjusted annually for inflation. In 1997, the amount of the personal exemption is phased out for taxpayers with AGI in excess of $121,200 for single taxpayers, $151,500 for heads of household, and $181,800 for married couples filing joint returns. These phaseout thresholds are adjusted annually for inflation. Dependent care credit A nonrefundable credit against income tax liability is available for up to 30 percent (phased down to 20 percent for individuals with AGI above $28,000) of a limited dollar amount of employmentrelated child and dependent care expenses for certain qualified individuals: (1) a dependent child under age 13; (2) a dependent physically or mentally unable to care for him or herself; or (3) a spouse who is physically or mentally unable to care for him or herself. Eligible employment-related expenses are limited to $2,400 if there is one qualifying individual and $4,800 if there are two or more qualifying individuals. Employment-related expenses are expenses for household services and the care of a qualifying individual, if incurred to enable the taxpayer to be gainfully employed. Employment-related expenses are reduced to the extent the taxpayer has employer-provided dependent care assistance that is excludable from gross income. House Bill Size of credit The House bill provides a $500 ($400 for taxable year 1998) nonrefundable tax credit for each qualifying child under the age of 17.
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331 Qualifying child A qualifying child is defined as an individual for whom the taxpayer can claim a dependency exemption and who is a son or daughter of the taxpayer (or descendent of either), a stepson or stepdaughter of the taxpayer or an eligible foster child of the taxpayer. Savings requirement No provision. Reduction for dependent care credit After 1999, the child credit is reduced by one-half of the dependent care credit (no reduction with respect to dependents who are physically or mentally incapable of self-care). The reduction applies to married individuals with AGI above $60,000 ($30,000 for married individuals filing separately). In the case taxpayer’s filing as a single or head of household, the reduction applies to AGI above $33,000. Phaseout of credit For taxpayers with modified AGI in excess of certain thresholds, the sum of the otherwise allowable child credit and the otherwise allowable dependent care credit is phased out. The phaseout rate is $25 for each $1,000 of modified AGI (or fraction thereof) in excess of the threshold. The reduction is applied first to the child credit and then to the dependent care credit. For married taxpayers filing joint returns, the threshold is $110,000. For taxpayers filing single or head of household returns, the threshold is $75,000. For married taxpayers filing separate returns, the threshold is $55,000. These thresholds are not indexed for inflation. Maximum allowable child credit The maximum amount of the child credit for each taxable year (after the reduction, if any, for the dependent care credit after 2001) could not exceed an amount equal to the excess of: (1) the taxpayer’s regular income tax liability (net of applicable credits) over (2) the sum of the taxpayer’s tentative minimum tax liability (determined without regard to the alternative minimum foreign tax credit) and the earned income credit allowed. IRS notice and withholding The House bill provides that the Secretary of the Treasury shall submit notice to all taxpayers of the passage of the child tax credit. In addition, it directs the Secretary of the Treasury to modify the withholding tables for single taxpayers claiming more than one exemption and for married taxpayers claiming more than two exemptions to take account of the effects of the child tax credit. The adjustments to the withholding tables apply to employees whose annualized wages from an employer are expected to be at least $30,000, but not more than $100,000. Effective date Generally, the child tax credit is effective for taxable years beginning after December 31, 1997. The provision to reduce the

332 other-wise allowable child credit by one-half of the amount of the taxpayer’s dependent care credit is effective for taxable years beginning after December 31, 2001. Senate Amendment Size of credit The Senate amendment provides a $500 ($250 in 1997 for children under the age of 13) nonrefundable tax credit for each qualifying child under the age of 17. For taxable years beginning after December 31, 2002, the credit is allowed for each qualifying child under the age of 18. Qualifying child Same as the House bill. Savings requirement In the case of each child age 13 to 16 (13 to 17 for taxable years beginning after December 31, 2002), the credit generally is available only for amounts contributed to savings for education with respect to that child. Reduction for dependent care credit No provision. Phaseout Generally the same as the House bill, except the dependent care credit is not phased out. Maximum allowable child credit The maximum amount of the child credit for each taxable year cannot exceed an amount equal to the excess of: (1) the taxpayer’s regular income tax liability (net of applicable credits) over (2) the sum of the taxpayer’s tentative minimum tax liability (determined without regard to the alternative minimum foreign tax credit) and one-half of the earned income credit allowed. IRS notice and withholding No provision. Effective date The child tax credit is effective July 1, 1997, for taxable years beginning after December 31, 1996. Conference Agreement Size of credit The conference agreement provides a $500 ($400 for taxable year 1998) credit for each qualifying child under the age of 17. Qualifying child The conference agreement follows the House bill and the Senate amendment. The conference agreement includes a requirement that the taxpayer include the name and taxpayer identification

333 number (TIN) for each qualifying child. The conference agreement also extends the math and clerical error rule to the child tax credit. Savings requirement The conference agreement does not include the Senate amendment. Reduction for dependent care credit The conference agreement does not include the House bill provision. Phaseout The conference agreement follows the House bill and the Senate amendment with one modification. The modification is to increase the phaseout rate to $50 for each $1,000 of modified AGI (or fraction thereof) in excess of the threshold. The threshold amounts are unchanged from both the House bill and the Senate amendment. Maximum allowable child credit In general, in the case of a taxpayer with qualifying children, the amount of the child credit equals $500 times the number of qualifying children. In the case of a taxpayer with one or two qualifying children, a portion of the child credit may be treated as a supplemental child credit amount. This amount equals the excess of (1) $500 times the number of qualifying children up to the excess of the taxpayer’s income tax liability (net of applicable credits other than the earned income credit) over the taxpayer’s tentative minimum tax liability (determined without regard to the alternative minimum foreign tax credit) over (2) the sum of the taxpayer’s regular income tax liability (net of applicable credits other than the earned income credit) and the employee share of FICA (and one-half of the taxpayer’s SECA tax liability, if applicable) reduced by any earned income credit amount. In no case will the total amount of the allowable child credit exceed the amount that would result from its calculation as a nonrefundable personal credit. In the case of a taxpayer with three or more qualifying children, the maximum amount of the child credit for each taxable year cannot exceed the greater of: (1) the excess of the taxpayer’s regular tax liability (net of applicable credits other than the earned income credit) over the taxpayer’s tentative minimum tax liability (determined without regard to the alternative minimum foreign tax credit), or (2) an amount equal to the excess of the sum of the taxpayer’s regular income tax liability (net of applicable credits other than the earned income credit) and the employee share of FICA (and one-half of the taxpayer’s SECA tax liability, if applicable) reduced by the earned income credit. To the extent that the amount determined under (1) is greater than the amount determined under (2), the difference is treated as a supplemental child credit amount. The conferees anticipate that the Secretary of the Treasury will determine whether a simplified method of calculating the child

334 credit, consistent with the formula described above, can be achieved. Refundable child credit amount In the case of a taxpayer with three or more qualifying children, if the amount of the allowable child credit as computed under the computation described immediately above exceeds the taxpayer’s regular tax liability before the computation, then the excess is a refundable tax credit. IRS notice and withholding The conference agreement does not include the House bill provision. Effective date Generally, the child tax credit is effective for taxable years beginning after December 31, 1997. B. Expand Definition of High-Risk Individuals with Respect to Tax-Exempt State-Sponsored Organizations Providing Health Coverage (sec. 101(b) of the House bill) Present Law Present law provides tax-exempt status to any membership organization that is established by a State exclusively to provide coverage for medical care on a nonprofit basis to certain high-risk individuals, provided certain criteria are satisfied. 1 The organization may provide coverage for medical care either by issuing insurance itself or by entering into an arrangement with a health maintenance organization (‘‘HMO’’). High-risk individuals eligible to receive medical care coverage from the organization must be residents of the State who, due to a pre-existing medical condition, are unable to obtain health coverage for such condition through insurance or an HMO, or are able to acquire such coverage only at a rate that is substantially higher than the rate charged for such coverage by the organization. The State must determine the composition of membership in the organization. For example, a State could mandate that all organizations that are subject to insurance regulation by the State must be members of the organization. Present law further requires the State or members of the organization to fund the liabilities of the organization to the extent that premiums charged to eligible individuals are insufficient to cover such liabilities. Finally, no part of the net earnings of the organization can inure to the benefit of any private shareholder or individual. House Bill The House bill expands the definition of high-risk individuals to include a child of an individual who meets the present-law defi1 No inference is intended as to the tax treatment of other types of State-sponsored organizations.

335 nition of a high-risk individual, subject to certain requirements. The requirements are: (1) the taxpayer is allowed a deduction for a personal exemption for the child for the taxable year; (2) the child has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins; and (3) the child is a son or daughter or the taxpayer (or a dependent of either), a stepson or stepdaughter of the taxpayer, or an eligible foster child of the taxpayer. Effective date.—Taxable years beginning after December 31, 1997. Senate Amendment No provision. Conference Agreement The conference agreement follows the House bill, with a modification to further expand the definition of high-risk individuals to include the spouse of an individual who meets the present-law definition of a high-risk individual. C. Indexing of the Dependent Care Credit; Phase Out for High-Income Taxpayers (sec. 102 of the House bill) Present Law A nonrefundable credit against income tax liability is available for up to 30 percent of a limited dollar amount of employment-related child and dependent care expenses. The credit may be claimed by an individual who maintains a household that includes one or more qualifying individuals. A qualifying individual is a dependent of the taxpayer who is under the age of 13, a physically or mentally incapacitated dependent, or a physically or mentally incapacitated spouse. Employment-related expenses are expenses for household services and the care of a qualifying individual, if incurred to enable the taxpayer to be gainfully employed. Eligible employment-related expenses are limited to $2,400 if there is one qualifying individual, and $4,800 if there are two or more qualifying individuals. The 30-percent credit rate is reduced by one percentage point for each $2,000 (or fraction thereof) of adjusted gross income (‘‘AGI’’) above $10,000. A married couple’s combined AGI is used for purposes of this computation. Individuals with more than $28,000 of AGI are entitled to a credit equal to 20 percent of allowable employment-related expenses. House Bill Dollar limits Under the House bill, the dollar limits on eligible employmentrelated expenses ($2,400 if there is one qualifying individual and $4,800 if there are two or more qualifying individuals) are indexed for inflation.

336 Phaseout For taxpayers with modified AGI in excess of certain thresholds, the sum of the otherwise allowable child credit and the otherwise allowable dependent care credit is phased out. The phaseout rate is $25 for each $1,000 of modified AGI (or fraction thereof) in excess of the threshold. The reduction is applied first to the child credit and then to the dependent care credit. For married taxpayers filing joint returns, the threshold is $110,000. For taxpayers filing single or head of household returns, the threshold is $75,000. For married taxpayers filing separate returns, the threshold is $55,000. These thresholds are not indexed for inflation. (See above the description of the phaseout in the child tax credit.) Effective date The provision is effective for taxable years beginning after December 31, 1997. Senate Amendment No provision. Conference Agreement The conference agreement does not include the House bill provision. D. Tax Credit for Employer Expenses for Child Care Facilities (sec. 103 of the Senate amendment) Present Law Ordinary and necessary business expenses are deductible by an employer. House Bill No provision. Senate Amendment The Senate amendment provides a tax credit equal to 50 percent of an employers’ qualified child care expenses for the taxable year. The maximum credit allowable cannot exceed $150,000 per year. Qualified child care expenses are any amounts paid or incurred: (1) to acquire, construct, rehabilitate or expand property which is to be used as part of a qualified child care facility, with respect to which a deduction for depreciation is allowable, and which is not part of the principal residence of the taxpayer or an employee of the taxpayer; (2) for the operating costs of a qualified child care facility; (3) under a contract with a qualified child care facility to provide child care services to employees of the taxpayer; (4) under a contract to provide child care resource and referral services to employees of the taxpayer; or (5) for the costs of seeking accreditation for a child care facility. A qualified child care facility is a facility the principal use of which is to provide child care assistance and which meets the requirements of all applicable laws

337 and regulations of the State and local government in which it is located. A facility is not a qualified child care facility unless enrollment in the facility is open to employees of the taxpayer during the year, the facility is not the principal trade or business of the taxpayer (unless at least 30 percent of the enrolled are dependents of employees of the taxpayer) and the use of (or eligibility to use) the facility does not discriminate in favor of highly compensated employees. A recapture of the credit applies if the facility ceases to operate as a qualified child care facility or the facility is disposed of. No deduction or credit is allowed under any other provision with respect to the amount of credit determined under this provision. The taxpayer’s basis in property is reduced by the amount of credit determined with respect to such property. Effective date.—The provision is effective with respect to taxable years beginning after December 31, 1997, but before January 1, 2000. Conference Agreement The conference agreement does not include the Senate amendment. E. Expansion of Coordinated Enforcement Efforts Between the Internal Revenue Service and the Health and Human Services Office of Child Support Enforcement (sec. 104 of the Senate amendment) Present Law The Internal Revenue Service (‘‘IRS’’) and various Federal departments and agencies have information sharing agreements. The Secretary of Health and Human Services (‘‘HHS’’) has been directed to create and maintain various data bases which may be used by the IRS to collect unpaid child support amounts, to administer the earned income credit and to verify a claim with respect to employment on a tax return. House Bill No provision. Senate Amendment The Senate amendment gives the IRS expanded access to information in the National Directory of New Hires to verify any information which is required on a tax return. It also gives the IRS access to the names and social security numbers of custodial parents in the Federal Case Registry of Child Support Orders. This information is made available to administer the Internal Revenue Code provisions which grant tax benefits based on the support and residence of dependent children. Effective date.—The provision is effective on October 1, 1997.

338 Conference Agreement The conference agreement does not include the Senate amendment. F. Penalty-Free Withdrawals From IRAs for Adoption Expenses (sec. 105 of the Senate amendment) Present Law Under present law, amounts held in an individual retirement arrangement (‘‘IRA’’) are includible in income when withdrawn (except to the extent the withdrawal is a return of nondeductible contributions). Amounts withdrawn prior to attainment of age 591⁄2 are subject to an additional 10-percent early withdrawal tax, unless the withdrawal is due to death or disability, is made in the form of certain periodic payments, is used to pay medical expenses in excess of 7.5 percent of AGI, or is used to purchase health insurance of an unemployed individual. House Bill No provision. Senate Amendment The Senate amendment provides that the 10-percent early withdrawal tax does not apply to distributions from IRAs that are not in excess of $2,000 if the taxpayer uses the amounts to pay qualified adoption expenses. The penalty-free withdrawal is available for ‘‘qualified adoption expenses,’’ meaning reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to, and the principal purpose of which is for, the legal adoption of an eligible child by the taxpayer. Qualified adoption expenses do not include expenses (1) incurred in violation of State or Federal law, (2) incurred in carrying out any surrogate parenting arrangement, (3) incurred in connection with the adoption of a child of a spouse, or (4) which are reimbursed under an employer program or otherwise. Effective date.—The provision is effective for distributions after December 31, 1996. Conference Agreement The conference agreement does not include the Senate amendment.

II. EDUCATION TAX INCENTIVES A. Tax Benefits Relating to Education Expenses 1. HOPE tax credit and Lifetime Learning tax credit for higher education tuition expenses (sec. 201 of the House bill and the Senate amendment) Present Law Deductibility of education expenses Taxpayers generally may not deduct education and training expenses. However, a deduction for education expenses generally is allowed under section 162 if the education or training (1) maintains or improves a skill required in a trade or business currently engaged in by the taxpayer, or (2) meets the express requirements of the taxpayer’s employer, or requirements of applicable law or regulations, imposed as a condition of continued employment (Treas. Reg. sec. 1.162–5). However, education expenses are not deductible if they relate to certain minimum educational requirements or to education or training that enables a taxpayer to begin working in a new trade or business. In the case of an employee, education expenses (if not reimbursed by the employer) may be claimed as an itemized deduction only if such expenses meet the above-described criteria for deductibility under section 162 and only to the extent that the expenses, along with other miscellaneous deductions, exceed 2 percent of the taxpayer’s adjusted gross income (AGI). Exclusion for employer-provided educational assistance A special rule allows an employee to exclude from gross income for income tax purposes and from wages for employment tax purposes up to $5,250 annually paid by his or her employer for educational assistance (sec. 127). In order for the exclusion to apply, certain requirements must be satisfied, including a requirement that not more than 5 percent of the amounts paid or incurred by the employer during the year for educational assistance under a qualified educational assistance program can be provided for the class of individuals consisting of more than 5-percent owners of the employer and the spouses or dependents of such more than 5-percent owners. This special rule for employer-provided educational assistance expired with respect to courses beginning after June 30, 1997 (and does not apply to graduate level courses beginning after June 30, 1996). For purposes of the special exclusion, educational assistance means the payment by an employer of expenses incurred by or on behalf of the employee for education of the employee including, but not limited to, tuition, fees, and similar payments, books, supplies, and equipment. Educational assistance also includes the provision
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340 by the employer of courses of instruction for the employee (including books, supplies, and equipment). Educational assistance does not include tools or supplies which may be retained by the employee after completion of a course or meals, lodging, or transportation. The exclusion does not apply to any education involving sports, games, or hobbies. In the absence of the special exclusion, employer-provided educational assistance is excludable from gross income and wages as a working condition fringe benefit (sec. 132(d)) only to the extent the education expenses would be deductible under section 162. Exclusion for interest earned on savings bonds Another special rule (sec. 135) provides that interest earned on a qualified U.S. Series EE savings bond issued after 1989 is excludable from gross income if the proceeds of the bond upon redemption do not exceed qualified higher education expenses paid by the taxpayer during the taxable year.2 ‘‘Qualified higher education expenses’’ include tuition and fees (but not room and board expenses) required for the enrollment or attendance of the taxpayer, the taxpayer’s spouse, or a dependent of the taxpayer at certain colleges, universities, or vocational schools. The exclusion provided by section 135 is phased out for certain higher-income taxpayers, determined by the taxpayer’s modified AGI during the year the bond is redeemed. For 1996, the exclusion was phased out for taxpayers with modified AGI between $49,450 and $64,450 ($74,200 and $104,200 for joint returns). To prevent taxpayers from effectively avoiding the income phaseout limitation through issuance of bonds directly in the child’s name, section 135(c)(1)(B) provides that the interest exclusion is available only with respect to U.S. Series EE savings bonds issued to taxpayers who are at least 24 years old. Qualified scholarships Section 117 excludes from gross income amounts received as a qualified scholarship by an individual who is a candidate for a degree and used for tuition and fees required for the enrollment or attendance (or for fees, books, supplies, and equipment required for courses of instruction) at a primary, secondary, or post-secondary educational institution. The tax-free treatment provided by section 117 does not extend to scholarship amounts covering regular living expenses, such as room and board. There is, however, no dollar limitation for the section 117 exclusion, provided that the scholarship funds are used to pay for tuition and required fees. In addition to the exclusion for qualified scholarships, section 117 provides an exclusion from gross income for qualified tuition reductions for education below the graduate level provided to employees (and their spouses and dependents) of certain educational organizations.3 Section 117(c) specifically provides that the exclusion for qualified scholarships and qualified tuition reductions does not apply to any
2 If the aggregate redemption amount (i.e., principal plus interest) of all Series EE bonds redeemed by the taxpayer during the taxable year exceeds the qualified education expenses incurred, then the excludable portion of interest income is based on the ratio that the education expenses bears to the aggregate redemption amount (sec. 135(b)). 3 A special rule provides that qualified tuition reductions under section 117(d) may be provided for graduate-level courses in cases of graduate students who are engaged in teaching or research activities for the educational organization (sec. 117(d)(5)).

341 amount received by a student that represents payment for teaching, research, or other services by the student required as a condition for receiving the scholarship or tuition reduction. Student loan forgiveness In the case of an individual, section 108(f) provides that gross income subject to Federal income tax does not include any amount from the forgiveness (in whole or in part) of certain student loans, provided that the forgiveness is contingent on the student’s working for a certain period of time in certain professions for any of a broad class of employers (e.g., providing health care services to a nonprofit organization). Student loans eligible for this special rule must be made to an individual to assist the individual in attending an education institution that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where its education activities are regularly carried on. Loan proceeds may be used not only for tuition and required fees, but also to cover room and board expenses (in contrast to tax-free scholarships under section 117, which are limited to tuition and required fees). In addition, the loan must be made by (1) the United States (or an instrumentality or agency thereof), (2) a State (or any political subdivision thereof), (3) certain tax-exempt public benefit corporations that control a State, county, or municipal hospital and whose employees have been deemed to be public employees under State law, or (4) an educational organization that originally received the funds from which the loan was made from the United States, a State, or a tax-exempt public benefit corporation. Thus, loans made with private, nongovernmental funds are not qualifying student loans for purposes of the section 108(f) exclusion. As with section 117, there is no dollar limitation for the section 108(f) exclusion. Qualified State prepaid tuition programs Section 529 (enacted as part of the Small Business Job Protection Act of 1996) provides tax-exempt status to ‘‘qualified State tuition programs,’’ meaning certain programs established and maintained by a State (or agency or instrumentality thereof) under which persons may (1) purchase tuition credits or certificates on behalf of a designated beneficiary that entitle the beneficiary to a waiver or payment of qualified higher education expenses of the beneficiary, or (2) make contributions to an account that is established for the purpose of meeting qualified higher education expenses of the designated beneficiary of the account. ‘‘Qualified higher education expenses’’ are defined as tuition, fees, books, supplies, and equipment required for the enrollment or attendance at a college or university (or certain vocational schools). Qualified higher education expenses do not include room and board expenses. Section 529 also provides that no amount shall be included in the gross income of a contributor to, or beneficiary of, a qualified State tuition program with respect to any distribution from, or earnings under, such program, except that (1) amounts distributed or educational benefits provided to a beneficiary (e.g., when the beneficiary attends college) will be included in the beneficiary’s gross income (unless excludable under another Code section) to the extent

342 such amounts or the value of the educational benefits exceed contributions made on behalf of the beneficiary, and (2) amounts distributed to a contributor (e.g., when a parent receives a refund) will be included in the contributor’s gross income to the extent such amounts exceed contributions made by that person.4 House Bill In general Individual taxpayers are allowed to claim a non-refundable HOPE credit against Federal income taxes up to $1,500 per student per year for 50 percent of qualified tuition and related expenses (but not room and board expenses) paid for the first two years of the student’s post-secondary education in a degree or certificate program. The qualified tuition and related expenses must be incurred on behalf of the taxpayer, the taxpayer’s spouse, or a dependent. The HOPE credit is available with respect to an individual student for two taxable years, provided that the student has not completed the first two years of post-secondary education. Beginning in 1998, the maximum credit amount of $1,500 will be indexed for inflation, rounded down to the closest multiple of $50.5 The HOPE credit amount that a taxpayer may otherwise claim is phased out ratably for taxpayers with modified AGI between $40,000 and $50,000 ($80,000 and $100,000 for joint returns). Modified AGI includes amounts otherwise excluded with respect to income earned abroad (or income from Puerto Rico or U.S. possessions). The income phase-out ranges will be indexed for inflation occurring after the year 1999, rounded down to the closest multiple of $5,000. The first taxable year for which the inflation adjustment could be made to increase the income phase-out ranges will be 2001. The HOPE credit is available in the taxable year the expenses are paid, subject to the requirement that the education commence or continue during that year or during the first three months of the next year. Qualified tuition expenses paid with the proceeds of a loan generally are eligible for the HOPE credit (rather than repayment of the loan itself).6 Dependent students A taxpayer may claim the HOPE credit with respect to an eligible student who is not the taxpayer or the taxpayer’s spouse (e.g., in cases where the student is the taxpayer’s child) only if the taxpayer claims the student as a dependent for the taxable year for which the credit is claimed. If a student is claimed as a dependent by the parent or other taxpayer, the eligible student him- or herself is not entitled to claim a HOPE credit for that taxable year on the student’s own tax return. If a parent (or other taxpayer) claims a
4 Specifically, section 529(c)(3)(A) provides that any distribution under a qualified State tuition program shall be includible in the gross income of the distributee in the same manner as provided under present-law section 72 to the extent not excluded from gross income under any other provision of the Code. 5 The HOPE credit may not be claimed against a taxpayer’s alternative minimum tax (AMT) liability. 6 The Treasury Department is granted authority to issue regulations providing that the HOPE credit will be recaptured in cases where the student or taxpayer receives a refund of tuition and related expenses with respect to which a credit was claimed in a prior year.

343 student as a dependent, any qualified tuition and related expenses paid by the student are treated as paid by the parent (or other taxpayer) for purposes of the provision. Election of HOPE credit or proposed deduction for qualified higher education expenses For each taxable year, a taxpayer may elect with respect to an eligible student either the HOPE credit or the proposed deduction for qualified higher education expenses (described below). Thus, for example, if a parent claims a child as a dependent for a taxable year, then all qualified tuition expenses paid by both the parent and child are deemed paid by the parent, and the parent may claim the HOPE credit (assuming that the AGI phaseout does not apply) on the parent’s return. As an alternative, the parent may elect for that taxable year the deduction for qualified higher education expenses with respect to the dependent child (as described below).7 On the other hand, if a child is not claimed as a dependent by the parent (or by any other taxpayer) for the taxable year, then the child him- or herself has the option of electing either the HOPE credit or deduction for qualified higher education expenses paid during that year. Qualified tuition and related expenses The HOPE credit is available for ‘‘qualified tuition and related expenses,’’ meaning tuition, fees, and books required for the enrollment or attendance of an eligible student at an eligible educational institution. Charges and fees associated with meals, lodging, student activities, athletics, insurance, transportation, and similar personal, living or family expenses are not included. The expenses of education involving sports, games, or hobbies are not qualified tuition expenses unless this education is part of the student’s degree program. Qualified tuition and related expenses generally include only out-of-pocket expenses. Qualified tuition and related expenses do not include expenses covered by educational assistance that is not required to be included in the gross income of either the student or the taxpayer claiming the credit. Thus, total qualified tuition and related expenses are reduced by any scholarship or fellowship grants excludable from gross income under present-law section 117 and any other tax-free educational benefits received by the student during the taxable year. No reduction of qualified tuition and related expenses is required for a gift, bequest, devise, or inheritance within the meaning of section 102(a). Under the provision, a HOPE credit is not allowed with respect to any education expense for which a deduction is claimed under section 162 or any other section of the Code.8
7 For any taxable year, a taxpayer may claim the HOPE credit for qualified tuition and related expenses paid with respect to one student and also claim the proposed deduction (described below) for higher education expenses paid with respect to one or more other students. If the HOPE credit is claimed with respect to one student for one or two taxable years, then the proposed deduction for higher education expenses may be available with respect to that student for subsequent taxable years. 8 In addition, the bill amends present-law section 135 to provide that the amount of qualified higher education expenses taken into account for purposes of that section is reduced by the Continued

344 Eligible students An eligible student for purposes of the HOPE credit is an individual who is enrolled in a degree, certificate, or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible educational institution. The student must pursue a course of study on at least a half-time basis. (In other words, for at least one academic period which begins during the taxable year, the student must carry at least one-half the normal full-time work load for the course of study the student is pursuing.) An eligible student may not have been convicted of a Federal or State felony consisting of the possession or distribution of a controlled substance. Eligible educational institutions Eligible educational institutions are defined by reference to section 481 of the Higher Education Act of 1965. Such institutions generally are accredited post-secondary educational institutions offering credit toward a bachelor’s degree, an associate’s degree, or another recognized post-secondary credential. Certain proprietary institutions and post-secondary vocational institutions also are eligible educational institutions. The institution must be eligible to participate in Department of Education student aid programs. Regulations The Secretary of the Treasury (in consultation with the Secretary of Education) is granted authority to issue regulations to implement the provision. The Secretary of the Treasury will have authority to issue regulations providing appropriate rules for recordkeeping and information reporting. These regulations may address the information reports that eligible educational institutions will be required to file to assist students and the IRS in calculating the amount of the HOPE credit potentially available. Effective date The provision is effective for expenses paid after December 31, 1997, for education furnished in academic periods beginning after such date. Senate Amendment The Senate amendment is the same as the House bill, except: (1) the credit rate is 75 percent (rather than 50 percent) for students attending two-year community colleges and vocational schools; 9 (2) an eligible student must have earned a high-school diploma (or equivalent degree) prior to attending any post-secondary classes with respect to which the HOPE credit is claimed, with the exception of students who did not receive a high-school degree by
amount of such expenses taken into account in determining the HOPE credit claimed by any taxpayer with respect to the student for the taxable year. 9 Thus, under the Senate amendment, students attending two-year community colleges or vocational schools may be eligible for the $1,500 maximum HOPE credit if they incur $2,000 of qualified tuition and related expenses. In contrast, students attending other institutions (e.g., four-year colleges) may be eligible for the $1,500 maximum HOPE credit if they incur $3,000 of qualified tuition and related expenses.

345 reason of enrollment in an early admission program at a post-secondary institution; and (3) for a taxable year, a taxpayer may elect with respect to an eligible student either the HOPE credit or the proposed exclusion from gross income for certain distributions from a qualified tuition program or education IRA provided for by the Senate amendment. Conference Agreement In general The conference agreement follows the House bill, except: (1) the HOPE credit rate is 100 percent on the first $1,000 of qualified tuition and fees, and 50 percent on the next $1,000 of qualified tuition and fees; 10 (2) the HOPE credit is available only for tuition and fees required for the enrollment or attendance of an eligible student at an eligible institution, and is not available for expenses incurred to purchase books; and (3) for a taxable year, a taxpayer may elect with respect to an eligible student the HOPE credit, the 20-percent ‘‘Lifetime Learning’’ credit (as described below), or the exclusion from gross income for certain distributions from an education IRA (as provided by the conference agreement). Lifetime Learning credit for qualified tuition and fees Allowance of credit.—The conference agreement provides that individual taxpayers are allowed to claim a nonrefundable ‘‘Lifetime Learning’’ credit against Federal income taxes equal to 20 percent of qualified tuition and fees incurred during the taxable year on behalf of the taxpayer, the taxpayer’s spouse, or any dependents. For expenses paid after June 30, 1998, and prior to January 1, 2003, up to $5,000 of qualified tuition and fees per taxpayer return will be eligible for the 20-percent Lifetime Learning credit (i.e., the maximum credit per taxpayer return will be $1,000). For expenses paid after December 31, 2002, up to $10,000 of qualified tuition and fees per taxpayer return will be eligible for the 20-percent Lifetime Learning credit (i.e., the maximum credit per taxpayer return will be $2,000). In contrast to the HOPE credit, a taxpayer may claim the Lifetime Learning credit for an unlimited number of taxable years. Also in contrast to the HOPE credit, the maximum amount of the Lifetime Learning credit that may be claimed on a taxpayer’s return will not vary based on the number of students in the taxpayer’s family. The Lifetime Learning credit is phased out ratably over the same phaseout range that applies for purposes of the HOPE credit—i.e., taxpayers with modified AGI between $40,000 and $50,000
10 Thus, an eligible student who incurs $1,000 of qualified tuition and fees is eligible (subject to the AGI phaseout) for a $1,000 HOPE credit; and if such a student incurs $2,000 of qualified tuition and fees, then he or she is eligible for a $1,500 HOPE credit. The maximum HOPE credit amount will be indexed for inflation occurring after the year 2000, by increasing the cap on qualified tuition and fees subject to the 100-percent credit rate and the cap on such tuition and fees subject to the 50-percent credit rate (both caps rounded down to the closest multiple of $100). The first taxable year for which the inflation adjustment could be made to increase the cap on qualified tuition and fees will be 2002. In addition, under the conference agreement, the income phase-out ranges for the HOPE credit will be indexed for inflation occurring after the year 2000, rounded down to the closest multiple of $1,000. The first taxable year for which the inflation adjustment could be made to increase the income phaseout ranges will be 2002.

346 ($80,000 and $100,000 for joint returns). The income phase-out ranges will be indexed for inflation occurring after the year 2000, rounded down to the closest multiple of $1,000. The first taxable year for which the inflation adjustment could be made to increase the income phase-out ranges will be 2002. The Lifetime Learning credit is available in the taxable year the expenses are paid, subject to the requirement that the education commence or continue during that year or during the first three months of the next year. Qualified tuition and fees paid with the proceeds of a loan generally are eligible for the Lifetime Learning credit (rather than repayment of the loan itself). Dependent students.—As with the HOPE credit, a taxpayer may claim the Lifetime Learning credit with respect to a student who is not the taxpayer or the taxpayer’s spouse (e.g., in cases where the student is the taxpayer’s child) only if the taxpayer claims the student as a dependent for the taxable year for which the credit is claimed. If a student is claimed as a dependent by the parent or other taxpayer, the student him- or herself is not entitled to claim the Lifetime Learning credit for that taxable year on the student’s own tax return. If a parent (or other taxpayer) claims a student as a dependent, any qualified tuition and related expenses paid by the student are treated as paid by the parent (or other taxpayer) for purposes of the provision. Election of Lifetime Learning credit, HOPE credit, or exclusion from gross income for certain distributions from education IRAs.— A taxpayer may claim the Lifetime Learning credit for a taxable year with respect to one or more students, even though the taxpayer also claims a HOPE credit (or claims an exclusion from gross income for certain distributions from qualified State tuition programs or education IRAs) for that same taxable year with respect to other students. If, for a taxable year, a taxpayer claims a HOPE credit wit